Foulke

Action brought in the county of Fresno to enforce the conveyance by defendant to Sarah L. Foulke, wife of the other plaintiff, of certain lots of land in the town of Clovis, in said county of Fresno. Afterward J. N. Hines intervened in the action, claiming an interest in the property adversely to the plaintiffs. Judgment was rendered in favor of the plaintiffs and against the defendant, and in favor of intervener, from which judgment the defendant and intervener prosecute this appeal. The record contains a bill of exceptions, and the appeal was taken within' sixty days from the entry of judgment.

The facts, as stated in the complaint and found by the court, may be briefly stated as follows: The plaintiff Sarah *943 I. Foulke, wife of her coplaintiff, on or about November 27, 1894, negotiated with the owners of the lots described in the complaint, through H. G. De Witt, for the purchase of said lots. A written agreement was entered into, by the terms of which the vendors agreed to convey the lots to H. A. Foulke, the husband of plaintiff, the latter giving his promissory notes for the purchase price, except the sum of $10 paid in cash from the money of the wife. This agreement was…