Donovan

The plaintiffs, who sue as the administrator with the will annexed and devisees and legatees of Margaret Dalton, deceased, allege that on the twenty-fourth day of March, 1873, said Margaret Dalton and defendant entered into an agreement in writing, by which it was mutually covenanted and agreed between them that the said Margaret Dalton should grant, transfer, and convey without encumbrances all her right, title, and interest in and to a certain piece and parcel of land in said agreement described, to the said Judson, upon his demand and payment by him to the said Margaret Dalton of the sum of twelve thousand dollars fifteen months after final judgment should have been entered in the case of Egbert Judson v. Paul Malloy, in the district court of the fourth judicial district, in and for the city and county of San Francisco, and that said Judson should pay interest thereon at the rate of nine per cent per annum until the same should be paid, from and after ninety days from the entry of said final judgment. A copy of said agreement is attached to and made a part of the complaint.

After reciting in said agreement that Margaret Dalton claimed to be the owner of said premises, and that…