Colver

Plaintiffs brought a suit against the several defendants, W. B. Scarborough Company, I. H. Fiske and William I. Traeger as sheriff of Los Angeles County, to set aside a sheriff’s sale.

The material facts leading up to the sale by the sheriff, of which complaint is made, are substantially as follows r Some time before the sale in question took place, the defendant W. B. Scarborough Company had commenced an action against the plaintiffs herein and in connection therewith had caused a writ of attachment to issue and to be served, under and by virtue of which defendant Traeger as sheriff, acting through his deputies, levied upon certain household furniture' and furnishings belonging to the defendants in that action.

Some days thereafter defendant Fiske, who theretofore had recovered a judgment against the plaintiffs herein, assigned said judgment to defendant W. B. Scarborough Company, which company caused defendant Traeger, as said sheriff, to levy what is termed a “paper” execution, as distinguished from an actual levy, upon the same household furniture which previously had been attached in the action brought against plaintiffs herein by the defendant W. B. Scarborough Company. It…