McKeever

Petition for writ of mandate to compel George P. McKeever as commissioner to sell certain real property as directed by a decree of the Superior Court of the city and county of San Francisco providing for the foreclosure of certain mechanics’ liens.

In an action brought by petitioner in the court below as the assignee of mechanics’ lien claims, the court decreed that said liens for the sum of $38,269.24 were superior to the lien of a deed of trust upon said property for the sum of $150,000, and directed the sale of the premises in satisfaction of said mechanics’ lien claims, appointing defendant McKeever commissioner to conduct the sale. The defendant West American Finance Company, named as beneficiary in said deed of trust, and the trustees thereunder appealed to this court and the appeal is now pending. Upon motion of appellants the court below entered an order staying the sale without bond pending the determination of the appeal. Petitioner contends that the case is not one where the perfecting of an appeal stays execution (sec. 949, Code Civ. Proe.), and that the said order was void for the reason that the court had no power to stay the sale without requiring a bond against…