Dresser

The defendant Sylvester Kipp presents this appeal from an order made and entered on August 2, 1912, whereby the court vacated a certain order of date April 29, 1912, upon James S. Dresser to show cause why an alias writ of possession should not issue against him on the judgment entered in said action, in so far as said order to show cause related to or affected the right of said J ames S. Dresser to the possession of the premises described in the judgment in this action; and whereby the superior court ordered that said alias writ of possession against said James S. Dresser should be denied and that he should recover his costs.

This action was commenced by Mary E. Dresser against Levi Allen, Sylvester Kipp, and H. P. Weis for the purpose of quieting plaintiff’s title against the defendants. Defendant Kipp answered claiming title to the property described in the complaint, and the judgment of the court established his title against the plaintiff and awarded him a writ of possession against her. That judgment was affirmed in this court on November 20, 1911 (Dresser v. Allen, 17 Cal. App. 508 , [ 120 Pac. 65 ]). A writ of possession having been issued on February 21, 1912, the same,…