Connick

This is an appeal from an order made by the superior court of Humboldt county refusing to set aside a sale made under foreclosure.

The plaintiff had regularly obtained a judgment and decree of foreclosure against defendants and others, and the court in the decree appointed one Belcher a commissioner for the purpose of making the sale. Ho directions were given in the decree as to the manner in which the property should be sold. The tract of land as a whole consisted of one body of thirteen hundred and forty acres. The commissioner, after receiving the order of sale, gave due and proper notice that on the seventh day of June, 1898, the said lands and premises would be sold in pursuance of the decree and order at public auction to the highest bidder, at the courthouse door, in the city of Eureka, at 10 o’clock A. M. of said day. At the time and place of sale the defendant Charles W. Hill, who was one of the judgment debtors, requested and directed the commissioner to offer the said lands for sale in sixty-three separate parcels. The commissioner complied with the request and offered the lands in the different parcels. He received no bid for either of the first forty-one parcels, but…