Allison

Action to quiet title.

Plaintiff's title is derived as follows: In 1892 the defendants D. E. Allison, B. R. Sackett, and James Barron were the owners of the land described in the complaint, and executed a mortgage thereon to Charles and Benjamin Golinsky. In 1893 the Golinskys brought an action for the foreclosure of this mortgage, in which they obtained judgment January 5, 1895, directing a sale of the lands in satisfaction of the mortgage debt. Under this judgment the land was sold August 24, 1895, to the plaintiffs in the action, and on March 3, 1896, they received a deed therefor from the officer who made the sale, and on March 24, 1896, they conveyed the land to the plaintiff herein. September 18, 1895, the defendants in the action appealed from the judgment, without giving any bond staying its execution, and on October 7, 1896, the judgment was reversed by this court. (Golinsky v. Allison, 114 Cal. 458 .) The plaintiff brought this action March 19, 1897. Judgment was rendered in his favor, from which and from an' order denying a new trial the present appeal has been taken.

The question presented by the appeal is whether the title taken by the plaintiff under the conveyance…