Tozer

The plaintiff and the defendants entered into an agreement July 19, 1892, by which the plaintiff agreed to sell and convey to the defendants a certain parcel of land for the sum of fifteen hundred dollars, and in consideration thereof the defendants agreed to pay said sum of money to the plaintiff “at the time and in the manner hereinafter mentioned, to wit, one hundred and seventy dollars upon execution hereof, the receipt whereof is hereby acknowledged, and the balance of thirteen hundred and thirty dollars payable as follows, to wit: twenty dollars on the first day of each and every month thereafter until said principal sum of fifteen hundred dollars has been fully paid in accordance herewith. The privilege is reserved to second party *651 to pay more than said stipulated payment of twenty dollars at any time during the continuance of this contract.” The present action is brought for the purpose of having the court determine the amount unpáid upon the agreement, and fix a time within which said amount shall be paid, failing in which the defendant shall be foreclosed of all interest and right in the land. It is alleged in the complaint that “defendants have not paid any money…