Hawley

This is an action to quiet title. The complaint is in the customary form. The answer alleges that the defendant is the owner of the property in fee simple by virtue of a sheriff’s sale and deed made and executed in pursuance of an execution and judgment against one J. C. Hawley, the grantor of plaintiff. The court gave its findings and judgment in favor of the plaintiff. The defendant appeals from the judgment and from an order denying her motion for a new trial.

It is claimed that the evidence is insufficient to justify the decision. The sufficiency of the evidence to support the decision cannot be reviewed on the record before us. The judgment was rendered on September 21, 1904. The appeal from the judgment was taken on January 21, 1905. This being more than sixty days after the rendition of the judgment, the provisions of subdivision 1 of section 939 of the Code of Civil Procedure prevent any review of the evidence-upon that appeal to ascertain whether or not it supports the judgment. The appeal from the order denying a new trial is based on a bill of exceptions purporting to contain the evidence. Section 648 of the Code of Civil Procedure provides that “when the exception is…