Howard

On the ninth day of June, 1887, H. L. Maeneil and others, as trustees, entered into an agreement in writing with H. C. Parker, by which they agreed to sell to him, and he agreed to buy, a certain piece or parcel of land situate in Ontario, county of San Bernardino, state of Cali *735 fornia, designated as “Lot number one (1) in Canyon Ridge Tract of Ontario Colony,” together with ten shares of the capital stock of the San Antonio Water Company, for the sum of $2,500, payable in four annual installments of $625 each—one on the execution of the agreement, and the residue in like annual installments—with interest, etc.; said Parker to have possession and deed to be executed on completion o? payments. Plaintiff is assignee of Macneil and others, and defendant Howard is assignee of Parker, and agreed to pay purchase money to plaintiff. This action was brought to obtain a decree requiring the defendant to pay a residue of such purchase money within a specified time, or, in default thereof, that his interest in the land be foreclosed. Defendant pleaded want of title in plaintiff.

At the trial it was stipulated, in substance, that a patent from the government of the United States had…