Wangenheim

The action was for partition of certain real property in Merced County. As to defendant Otto Olsen, the complaint alleges that he claims an interest in the property by virtue of the levy upon it of a writ of attachment issued in the ease of Otto Olsen v. Josephine Parten, pending in the superior court of Los Angeles County. In his answer Olsen alleges that subsequent to the levy of said writ he obtained judgment in said ease and thereupon a writ of execution was issued and levied upon the interest of said Josephine Parten in the property, and on the eleventh day of September, 1916, he purchased said interest at a sheriff’s sale and received the certificate of the sheriff therefor. He also filed a cross-complaint against Josephine Parten, her husband, and Augustus Knight, in which it is alleged that said' Josephine Parten was the owner of an undivided one-sixth of said land until he acquired her interest by virtue of said judgment and sale under said writ of execution. It is further averred that said Parten and Knight claimed some interest adverse to Olsen,' and the prayer is for a decree determining that their claims are subordinate to his ownership. The cross- complaint was…