Faivre

George D. Carleton, a married man, became the owner of the property referred to in the complaint on January 11, 1868, and on July 7, 1868, he filed a homestead thereon. On April 8, 1870, Carleton executed and delivered to A. E. Horton a deed of con *666 veyance of the property, and thereafter Horton’s interest, if he acquired any, passed through mesne conveyances to S. S. Clark. The trustees of Clark’s estate executed and delivered a deed of the land — grant, bargain, and sale in form — to plaintiff, on June 22, 1885, the considation named being $7,087. On July 8, 1885, Carleton and wife executed and delivered to plaintiff and Pauly a quitclaim deed of the property. On March 1, 1886, plaintiff and Pauly executed and delivered to the Clark trustees a grant, bargain, and sale deed of the land, but the deed contained the following clause: “This conveyance is intended to reconvey and release only such title as the parties of the first part obtained to said premises by virtue of a deed from the parties of the second part to the parties of the first part.” On March 18, 1886, plaintiff and defendant entered into an agreement, by the terms of which, it is alleged and found, defendant was…