Greenberg

This is an appeal from a final judgment, and from an order denying a new trial. The action was brought to recover $25,000, the purchase price of certain land conveyed by the plaintiff to the defendant, and to enforce a vendor’s lien upon the land conveyed. C. B. Johnson, the intervener, filed his complaint of intervention, in which he set out that the plaintiff held the property in part as a trustee for intervener and one L. M. Warden; that the interest of intervener was a one-fourth share or interest therein. He denies, on information and belief, that the purchase price of the land was $25,000, but avers that defendant (a corporation), as the consideration for the. sale of the land, was to deliver twelve hundred and fifty shares of the capital stock of the corporation defendant (being the whole capital stock), as follows: three hundred shares each to plaintiff, Warden, intervener, and Underhill, and fifty shares to Ernest Graves; that defendant never delivered any of the shares or other consideration ; and that no security was given. Intervener prays that, if it shall appear that the sum of $25,000 shall appear to have been the consideration, a decree in favor of plaintiff be…