Jacob

Action of ejectment to recover a tract of land in Tulare county. The complaint alleges, generally, the plaintiff’s ownership and right of possession, and that defendant was in possession, and refused to surrender possession to plaintiff on demand therefor. The answer denies plaintiff’s title and his right to possession, and avers defendant’s right of possession. The defendant also filed a cross-complaint, in which he alleged that on October 18, 1888, the plaintiff and defendant entered into a written agreement, whereby plaintiff agreed to sell, and the defendant to purchase, the land in controversy, at the price of $2,500, upon which $250 was paid and credited at the date of the contract, and whereby it was agreed that the balance of the principal should be payable on or before October 18, 1893, with interest at eight per cent per annum, payable annually in advance on or before October 18th of each year, and, if not punctually so paid, then the said party of the first part “shall have the right to enter upon and take possession of said premises, with all the improvements thereon”; that from the date of said agreement until May 4, 1890, the defendant was in the employ of plaintiff…