Appeal from the District Court, Seventh Judicial District, Sonoma County.

This was an action of ejectment to recover a tract of land in Sonoma County. The defendant, in his answer, alleged a parol contract between the parties, by the terms of which the plaintiff was to convey, for a stipulated price in money, the demanded premises to him, also averred a full payment by him of such price, and that he had been let into and then held possession of the demanded premises, in accordance with said contract, and prayed that the plaintiff be adjudged to make complete specific performance of said contract.

At the trial, which was by the Court without a jury, the defendant presented a written document, which in the record on appeal is designated “Exhibit A,” and after introducing evidence tending to prove that it bore the signature of the plaintiff and was delivered by him to the defendant, offered the same in evidence, to which the plaintiff objected, on the grounds, “1st. That the signature of the receipt was not proved to be King’s; and 2d. That no land is described in the instrument.” Which objections were overruled by the Court, the instrument admitted in evidence, and the plaintiff excepted.

It also appeared in evidence that shortly after the date of said alleged contract of sale, the plaintiff, as a pre-emptor, received a patent for the land in controversy from the Government of the United States, the declaratory statement therefor having been filed by him in the proper Land Office before the date of said alleged contract.

The defendant had judgment as prayed. The findings of fact on which the same was founded were as follows, to wit: “ That said plaintiff, on or about the 16th day of September, A. D. 1865, contracted with defendant to convey him said land described in plaintiff’s complaint; that defendant paid the consideration in full, and took possession thereof.”

The plaintiff appealed from the judgment and from an order denying his motion for a new trial.

The other facts are stated in the opinion of the Court.