Summers

This appeal is from a judgment entered dismissing the action of plaintiff after demurrer to her amended complaint had been sustained by the superior court.

The facts, as alleged in the amended complaint filed by plaintiff, are briefly as follows: On the twelfth day of June, 1905, the sheriff of Los Angeles county, under authority of a writ of execution issued out of the superior court, sold to the defendant Franklin Oil Company certain real property belonging to a corporation called the New Franklin Oil and Refining Company, which latter was then the judgment debtor of the said Franklin Oil Company. Thereafter, on the seventeenth day of November, 1905, plaintiff here commenced an action against the New Franklin Oil and Refining Company, in which action judgment was rendered in her favor on the fifth day of July, 1906.- On the ninth day of July, 1906, she tendered and paid to the sheriff of Los Angeles county the amount of money which would be required to be paid upon redemption of the New Franklin Oil and Refining Company’s property, and demanded of the sheriff a certificate of redemption, which was refused. It was further alleged in the amended complaint that, because of the…