Wolfskill

This is an action for the recovery of the sum of five thousand dollars damages for trespass guare clausum fregit, and praying for an injunction perpetually restraining the defendants from further trespass, and from laying out and opening a public highway on lands claimed by plaintiff. Defendants had judgment, from *407 which, and an order denying plaintiff’s motion for new trial, plaintiff appeals.

It seems, from the pleadings, findings, and evidence in the cause, that the plaintiff was the owner of a tract of land situate in the county of Los Angeles, consisting of 4,387 acres, known as the Rancho San José de Buenos Ayres. On the 27th of May, 1887, he entered into a contract with J. W. Hoyt for the sale of said tract for the sum of four hundred and thirty-eight thousand seven hundred dollars. This was to be paid in installments: one thousand dollars down; thirty-seven thousand seven hundred dollars on or before July 1, 1887; one hundred thousand dollars on or before January 25, 1888; one hundred and fifty thousand dollars on or before July 25, 1888; and the balance, one hundred and fifty thousand dollars, on or before July 25, 1889, with interest at the rate of six per cent per…