Koford

The petitioner asks for a writ of mandate to compel the superior court to fix a bond on appeal from an order of the court below declaring that the defendant in the action was entitled to a writ of execution upon a previous judgment for the sale of the property therein described. The order was made on the thirtieth day of September, 1921.

The judgment upon which the order was made was dated September 28, 1920, and declared that the defendant would be entitled to a writ of execution for the sale of the property described, unless the plaintiff, within ninety days from the date on which defendant offered her a deed, duly signed and acknowledged, for said property, should tender to the defendant the sum of $4,485, with interest thereon after said tender. On December 31, 1920, a deed was tendered her by said defendant, and the time for payment was extended to July 15, 1921, by stipulation. On that day the plaintiff appeared at the office of Haven, Athearn, Chandler and Farmer, and tendered said amount to Fred G-.' Athearn, one of the attorneys for the said defendant. Athearn, at that time, did not have charge of the matter, and was ignorant of the details of the said transaction. On…