Nicholson

This is the third appeal of this case. The undisputed facts are these: In 1867, Matthew Tarpey was in possession and claimed to be the owner of the Carneros Rancho, in Monterey county, near tire town of Watsonville, consisting of four thousand four hundred acres. Murdock Nicholson was at the time living in San Francisco. In May or June of that year Nicholson came to Watsonville with a view of finding and buying some desirable piece of land. After some negotiations, an understanding was reached between the parties whereby Nicholson was to purchase for fifteen hundred dollars a piece of the rancho, which both parties assumed to contain about four hundred acres. The conveyance was to be executed upon completion of the payment. The tract lay in the northeast corner of the rancho, fronting on the south side of the public road leading from Watsonville to San Juan. About one hundred and fifty acres, more or less, adjoining the road was susceptible to cultivation. After the agreement to purchase Nicholson returned to San Francisco, leaving the land purchased in charge of Tarpey, who agreed to take care of it and see to the payment of the taxes. Under this arrangement Tarpey for -four…