Clemens

This is an appeal by Wellington Gregg, Jr., as trustee, from an order of the superior court of Inyo County, made and entered on December 23,1914, which modified a decree made and entered on January 26, 1914, ordering the sale of certain mining property under the terms of a deed of trust executed by the defendant, Keane Wonder Mining Company.

Before proceeding to consider the merits of the controversy, we deem it the more orderly first to dispose of a motion made by the respondents other than the Keane Wonder Mining Company to dismiss the appeal.

The record before ns is entitled: “Clerk’s and Judge’s Transcript.” It contains copies of certain documents, re quested by appellant to be inserted in the “clerk’s transcript,” certified as correct by the clerk in the usual form. The next following page is entitled: “Judge’s Certificate to Transcripts on Appeal, ’ ’ and contains a certificate by Honorable Wm. D. Dehy, judge of said superior court, who presided at the proceedings, that the documents included in the clerk’s transcript are correct copies, and then proceeds: “I further certify that on December 23, 1914, the following proceedings took place in said cause:” Here follows a…