Willson

I concur in the affirmance of the judgment upon all the grounds expressed in the opinion, except that in relation to the release executed by Willson to Truebody, and in respect to it, I am not prepared to say that its terms are sufficient to pass any title in or to the lot.

This is an action, to recover a lot on the corner of Washington street and Dunbar alley in San Francisco. The plaintiff’s title is put in issue by the answer, and defendant also sets up title in himself.

On the twelfth day of June, 1849, the defendant Truebody— at that time the owner in fee — conveyed the lot in question to Edward E. Dunbar. Said Dunbar on the 18th of September, 1849, executed under seal a bond in the sum of twenty thousand dollars to one Domingo Guzman, “upon the following conditions, to wit: Whereas: I have this day sold unto the said Domingo Guzman a certain lot [describing lot in question] for the sum of ten thousand dollars to be paid as follows: [specifying the amount and time of payment of the several installments.] Now, therefore, if the said Domingo Guzman do pay, etc.....in the manner and times aforesaid, etc., .... the said Dunbar hereby agrees to give him *239 a warranty deed, for the above-described premises and upon the giving of such deed this instrument to be void, etc.”; and let Guzman into possession under said bond, the first installment being payable, and, it is presumed, paid at the time -of the execution of the instrument. On the 15th of…