Pixley

This is an appeal by defendant from a judgment in favor of plaintiff.

The action was brought in the superior court in and for the city and county of San Francisco. In the complaint it is averred that on September 17,1887, plaintiff was the owner of certain described tracts of land situated in the county of San Diego; and that on said day plaintiff entered into certain contracts with defendant by which the former agreed to sell and the latter agreed to buy said tracts of land. All of said contracts were alike, except that each referred to a different tract of land; and it is averred that the terms of each were that a certain part of the purchase money should be paid on the execution of the contract (which was done), and the balance, with interest annually, in manner as provided in said contract. The contracts provide that defendant may take possession of the lands therein mentioned, and averred that he did so take possession, and continues in possession. The complaint was filed in September, 1891; and it is averred that defendant has wholly failed and refused to make any of said deferred payments, although requested so to do. The prayer of the complaint is that it be adjudged that…