Carriger

Plaintiff sues for the possession of certain lots in the town of El Verano, Sonoma county. The answer of defendants denied plaintiff’s ownership, set forth certain facts from which it was claimed that' the equitable ownership of the land was in defendant Lizzie J. Carriger, and also pleaded that plaintiff is estopped to claim title to the land. At the trial plaintiff dismissed the action as to all the defendants except Lizzie J. Carriger. The court found: (1) That at the commencement of the action plaintiff was the owner of the legal title to the lots in controversy. (2) That about December 21, 1888, Caleb C. Carriger and Lizzie J. Carriger, his wife, entered into an agreement with George H. Maxwell to sell to him their home place, adjoining the town of El Verano, and on April 30, 1889, Maxwell paid $500 on said contract. *885 Thereafter, on May 25, 1889, the Sonoma Valley Improvement Company entered into an agreement and bond with the said Carrigers whereby the said company agreed to grant and convey to the said Carrigers, on or before December 31, 1890, the premises in dispute, free and clear of a certain mortgage executed by said Maxwell to Charlotte P. Clarke, and the…