Lacy

The defendant, C. E. Gunn, within sixty days after its rendition, appealed from the judgment in favor of the plaintiffs, and he brings up the evidence by bill of exceptions. The complaint is in the ordinary form of an action to quiet title. The answer avers title in the defendant, Gunn. The action was begun in the name of B. T. Lacy, who has since died, and the present respondents have been substituted in his stead.

The evidence shows that both the plaintiffs and the defendant, Gunn, claim through the Amalie Mining Company, and the question which has the better title depends on the validity of the respective conveyances by which each claims to have acquired the title of that company.

The plaintiffs claim title by virtue of a judgment, execution salé, and sheriff’s deed. On May 9, 1898, B. T. Lacy recovered judgment in the" superior court of Kern County against the Amalie Mining Company for the sum of $7,909.56, which was then duly docketed, and became a lien on the real estate of said company within the county. Execution was duly issued thereon on April 27, 1899, and, in virtue thereof, the sheriff sold the mining claim in controversy to B. T. Lacy, the plaintiff in the action,…