Fischer

This is an action to quiet title. The pla.i-ntiff had judgment in the trial court. Pacific Invest ments Incorporated (a corporation), one of the defendants, has appealed and has brought up all the evidence in a bill of exceptions. The evidence of the parties consists of written instruments. No witnesses were called by either party. Both parties claim to deraign title from Western Fuse and Explosives Company. On December 22, 1904, the plaintiff obtained a judgment against the Western Fuse and Explosives Company and later took out execution and caused the property involved in this action to be sold at execution sale. The plaintiff purchased at the sale, and if his purchase vested in him a legal title, the judgment of the trial court should be affirmed.

Appellant’s first objection is that the execution sale was invalid on the ground that at the time the clerk of the trial court issued the writ, the jurisdiction of the trial court had been divested by virtue of an appeal duly perfected. This point was discussed and determined adversely ’ to the contentions of the defendant and appellant in the opinion of division one of this court upon the former hearing of this matter ( 178 Pac. 302…