Kelly

This is an appeal from a judgment entered after an order sustaining a general demurrer to the complaint, the plaintiff declining to amend.

The action was in the nature of an application for a writ of mandate to compel the defendant, as sheriff of Alameda County, to make, execute, deliver, and record a certificate of sale upon execution of certain real property, in favor of the plaintiff as the purchaser thereof at such sale. The following are the essential facts set forth in plaintiff’s application for the writ: The plaintiff, as trustee in bankruptcy of the estate of James Treadwell, brought an action against one John Treadwell to recover the sum of about forty-nine thousand dollars alleged to be due by the latter to said estate -in bankruptcy; and in said action caused an attachment to be levied upon certain real property in the county of Alameda. The plaintiff obtained judgment in said action for the sum of $49,719.77, and thereupon caused a writ of execution to issue and be levied upon said property. At the sale by the sheriff under said writ plaintiff was the only bidder, and he bid in the property for the full sum of his judgment and costs, which then aggregated the sum of…