Schwartz

This action was instituted by the plaintiff to foreclose a vendor’s lien upon lot 7, block 1 of tract No. 5647 in the city of Beverly Hills, county of Los Angeles.

The record shows that the defendants Martin H. Mead, Theresa Mead and B. D. O’Niel defaulted, and that a separate judgment was entered against them. Execution thereafter issued and the interest of said defendants in the property above mentioned was sold by the sheriff of Los Angeles County, and a deed thereto executed by the sheriff and delivered to the plaintiff. The judgment upon which execution was issued appears upon its face to have been entered only against the defaulting defendants above named, and contained among other provisions the following limitations as to its effect, to wit: “And it is further adjudged and decreed that this judgment does not affect the rights of any of the defendants not herein specially mentioned, if any such rights any of them have, and as to all defendants other than Martin H. Mead, Theresa Mead and B. D. O’Neil it is hereby ordered, adjudged and decreed that this action may proceed.”

Upon the trial of this action the only evidence in support of the plaintiff’s title was the sheriff’s…