Ward

Action to reform a contract of sale and purchase of a certain parcel of land situated in the city of Los Angeles, and to specifically enforce the same whén reformed, and for damages. The pleadings are verified. Plaintiff had judgment from which, and from the order denying a new trial, defendant appeals upon a statement of the case. The findings are quite lengthy, but the salient facts may be briefly summarized as follows: The premises in controversy originally belonged to one Francisca D. de Labraceo, and both plaintiff and defendant claim title through this common source—plaintiff by sale on execution to one Jarvis (who conveyed to plaintiff) at suit of one Bacon; and defendant by attachment proceedings at his own suit. Plaintiff’s deed took effect as of date March 31, 1892, and defendant’s March 5, 1892, by relation. The validity of defendant’s attachment proceedings was in dispute at all the times mentioned in the findings. The property involved was worth $9,000. A suit was pending against Labraceo, in which one Javier Yorba and one Davilla were plaintiffs, wherein it was claimed that Labraceo was trustee of the title for plaintiffs in that suit; but it was found that defendant…