Howard

This is an appeal by defendants from a judgment in favor of plaintiff.

The action is ejectment. Plaintiff has the legal title to the demanded premises, which title, of course, must prevail, unless appellants have pleaded and proved some equitable defensa Defendants allege in their answer that in January, 1896, plaintiff and one Siegfried, then joint owners of the premises, sold the same to W. H. Higgins for $1,518.75, and Higgins gave to them his note for that amount and a mortgage on the premises to secure it, and took possession of the premises; that plaintiff and Siegfried promised to execute a deed of the premises to him and have the same recorded, but failed to do so. The other defendants hold under Higgins. The plaintiff, Howard, is now the sole owner of the premises, having acquired the interest of Siegfried. The note was payable ninety days after date. The court found that the defendants had not paid any part of said note, and had refused to pay any part of the purchase money, or to restore possession to plaintiff, and had never demanded a deed. Before the commencement of this action the plaintiff tendered a deed to defendants. At the trial plaintiff waived all claim for…