Conrad

delivered the opinion of the Court. The defendant undertook to convey a lot in the City of Sacramento to the plaintiff as soon as he could complete the title in himself. The plaintiff paid $100 of the purchase-money, and entered into possession, with the understanding that ho would pay the remainder whenever the defendant executed a deed to him. The evidence shows that the defendant afterwards acquired the title, and offered to convey. There was some difficulty between the parties, the plaintiff declaring he intended to hold by a squatter’s title, and that he would not recognize the defendant’s title. An action of forcible entry and unlawful detainer was instituted by the defendant to recover possession of the lot; after the commencement of which, the plaintiff made a tender of the purchase-money, demanded a conveyance, and brought this action to enforce a specific performance. On the trial of the cause, the defendant’s counsel asked the Court below to instruct the jury that “the plaintiff could not demand a specific performance of the conveyance from the defendant unless he then possessed and had acted in entire good faith; and that the burthen of proof rested upon the plaintiff…