Redman

[250] delivered the opinion, of the Court.

The plaintiff claims under a Sheriff’s sale. The execution, was upon a decree of foreclosure of a mortgage, executed, and given by the defendant. He is therefore estopped from setting up the defenses attempted in this case. So we decided in the case of Tartar v. Hall, 3 Cal. 263 .

Judgment affirmed.

Motion for a rehearing and review denied.