Moffatt

—This action was brought to foreclose a mortgage made by respondent to appellant. The note and mortgage were made March 5, 1888, the note being for five thousand dollars, payable in annual installments of five hundred dollars, together with annual interest on the principal unpaid at ten per cent per annum. The answer alleged that on December 22, 1886, plaintiff was

*108 in the possession and actual occupancy of a certain ranch known as the Moffatt and Bable ranch, containing 560 acres, 80 acres of which he had filed upon under the desert-land act; that another part of said ranch, containing 160 acres, plaintiff had filed upon under the homestead act; and that plaintiff had title in fee to the remaining 320 acres, but had not made final proof or payment for either of said tracts of government land; and that plaintiff also owned certain personal property then upon said ranch, consisting of horses, farming implements, furniture, etc.; that on said twenty-second dajr of December, 1886, plaintiff and defendant made an oral contract, whereby plaintiff agreed to sell to defendant the -whole of said ranch and personal property for the sum of $10,000, and to convey to defendant said 320…