Morris

The facts stated in the complaint in this ease are in substance as follows: In February, 1893, plaintiff, desired to purchase an orange grove in or near Redlands, county of San Bernardino, and defendant represented to plaintiff that he, defendant, was the owner and in possession of a certain described tract of land-in that county, which he told plaintiff “consisted of ten acres free of streets/’ and a-Iso “consisted of ten acres of oranges, except that portion taken and occupied by the house situated on said premises/ Plaintiff relied upon said representations, and by reason thereof purchased the said property from defendant, ancl received his deed therefor, at the agreed price of $925 per acre, which purchase price, aggregating $9,250, he paid to defendant. At the time plaintiff purchased, paid for and re- • ceived the deed for the said land defendant did not own all the land described in his said deed. Prior to that time, to wit, on January 30,1892, he had, by a deed duly executed and recorded on February 5, 1892, conveyed to the board of supervisors of said county a strip thirty feet wide off the entire east and north sides of said land, containing nine-tenths of an acre, and…