Colver

The matter here involved comes to this court on an independent motion made by appellants that the respondents “immediately return to the treasury of the county of Los Angeles the deposit of seven hundred thirteen and 09/100 ($713.09), deposited with the county clerk and by the county clerk deposited in the treasury of the county of Los Angeles, ... as a tender made by the plaintiffs herein to the sheriff of the county of Los Angeles, one of the defendants herein, on the ground and for the reason that the said sum of money so deposited was in the custody of the law and not subject to attachment, and for the further reason that said sum of money when so deposited as a tender until the tender was refused by the party to whom it was made was then and there the property of the party to whom the tender was made and not subject to attachment against the defendants herein, or either of them. ’ ’

The essential facts, so far as the present inquiry is affected, are as follows:

The plaintiffs brought a suit to. set aside a sheriff’s sale; and in connection therewith, according to the allegations oí their complaint and the findings by the court, they paid into the hands of the clerk of the…