Garnsey

— This action is for the specific performance of a contract whereby defendant Gothard and his late wife, Elizabeth Jarte, agreed to convey to the plaintiffs a certain tract of land, and forty shares of water stock appurtenant thereto, upon'their paying the stipulated price therefor in certain installments, all of which, excepting the last, had been paid before the commencement of this suit as stipulated; and the plaintiffs are ready and willing to pay the last installment to such person or persons as the court may determine is or are entitled to receive the same. The defendants Gothard and Edwards each claim to be entitled to receive said last installment; and defendant Gothard claims that he is also entitled to the installments which have been paid to defendant Edwards since the death of said Elizabeth Jane. The contest is wholly between the defendants Gothard and Edwards, as to which of them is entitled to receive and hold the proceeds of said sale. The decision and judgment were in favor of Gothard *605 and against Edwards, and the latter appeals from the judgment and order denying his motion for a new trial.

The facts found by the court are, that the allegations of the…