Archer

This is an application for a writ of supersedeas to stay the enforcement of a judgment rendered by the superior court, in and for the county of Los Angeles, during the pendency of an appeal from the judgment. Suit was brought by appellant, plaintiff in the court below, to quiet plaintiff’s title to a certain parcel of land consisting of forty acres. The complaint is in the usual form of a complaint in an action to quiet title, alleging title and possession in the plaintiff. The defendant answered and, while admitting plaintiff’s possession, alleged that plaintiff’s title was subject to an interest of defendant in the lands in suit resulting from a contract made and entered into between the plaintiff and the defendant.

The contract was in the form of a lease by the plaintiff to the defendant of the land for a term of ten years for a total rental of forty thousand dollars, payable in installments. The contract, in addition, gave the defendant the option of purchasing the land at any time during the term by paying the unpaid balance of the forty thousand dollars, together with the accrued interest. Certain conditions to be performed by defendant were also included in the contract. A…