Billings

This is an application for a writ of mandate directing the respondent, Thomas Finn, as sheriff, to sell certain property in accordance with the instructions of petitioners.

The facts upon which the petition is based may be briefly summarized as follows: The petitioners herein in 1916 commenced an action against John Fauser and John Doe, alleging such persons to be “copartners doing business under the firm name of John Fauser & Co.” The action was brought upon a bond' executed in the name of John Fauser & Co. Judgment was rendered against “John Fauser and John Doe, copartners doing business under the firm name and style of John Fauser & Co.”“for the sum of $1,056.77. Subsequently the plaintiffs caused execution to issue thereon, and the sheriff accordingly levied upon certain personal property consisting of machinery and stock fixtures located in a building upon Guerrero Street which it is claimed belonged, to John Fauser & Co. Thereafter and before a sale could be had one Annie Fauser filed with the sheriff a third party claim to the property. Plaintiffs bonded against such claim and demanded that the sheriff proceed with the sale. Thereupon Annie Fauser delivered to the sheriff…