Baum

This is an appeal by J. W. Reay, Jr., from an order refusing to stay the execution of a writ of possession issued under a judgment in ejectment in favor of plaintiff and against defendants. Julius Baum brought an ejectment suit on the fourteenth day of April, 1892, against Edward Roper and wife, Kate Roper, and David J. Spence, to recover possession of a parcel of land situate at the southeast corner of Turk Street and Van Ness Avenue in the city and county of San Francisco, fronting fifty feet on Van Ness Avenue and one hundred and nine feet on Turk Street. Pending suit Julius Baum died, and Clara Baum, as administratrix of his estate, was substituted as plaintiff. Kate Roper also died, and her administrator was substituted.

Findings of fact and conclusions of law were signed February 5, 1897, and filed the next day, in favor of plaintiff and against all the defendants. Judgment was entered and recorded in accordance therewith February 10, 1897, but, as is afterwards found by the court, the clerk, in entering said judgment, through misprision and inadvertence, omitted the name of the defendant Spence therefrom. On the fourth day of April, 1901, a writ of possession was issued…