Sheplar

— Appeal from a judgment in favor of respondents Green and Robinson, upon the judgment roll.

The action was brought against respondents and one J. W. Rupley, to quiet title to eighty acres of mineral land. Each defendant answered separately, and each filed a cross-complaint for specific performance; Rupley to a part thereof containing about twenty acres, under a contract made and recorded in 1871, and the other defendants under a contract of purchase made by defendant Green with the plaintiff July 3,-1890, for the whole of said eighty acres. Robinson’s claim was under this contract, in which he was interested with Green.

Judgment went in favor of Rupley for the part claimed by him, and described as lying “ below the toll-road,” being twenty acres, and in favor of defendants Green and Robinson, upon their cross-complaint, awarding specific performance of the Green contract, for the remaining sixty acres. There was no appeal from the judgment in favor of Rupley.

The contract price of the land was two thousand five hundred dollars, of which Green paid plaintiff one thou *220 sand dollars, and deposited the remaining fifteen hundred dollars in the hands of one Mahoney, the deposit,…