Bryan

delivered the opinion of the Court.

The plaintiff filed his bill to enforce a lien claimed by him as the purchaser at Sheriff’s sale of a tract of land owned by the defendant.

The facts, as they appear by the finding of the Court, are these: John A. Sutter sold to Hackney &¡ McCullough a tract of land lying in Yuba County, and executed to them a deed, bearing date the 3d of April, 1850. All the purchase money was not paid at the time of sale. On the 9th of January, 1851, Hackney sold to McCullough one-fourth of said land, taking a mortgage upon the same. On the 27th of January, 1852, McCullough sold the undivided' half of said land to one Sharp, and took a mortgage for the purchase money; and $2,000, or thereabouts, were due upon said mortgage from Sharp to McCullough, at the time of the plaintiff’s purchase.

Sutter commenced his action on the 26th of February, 1851, *350 [350] * against Hackney & McCullough, for the remainder of the purchase money, and recovered a judgment against them on the 20th of April, 1852.

Execution was issued and levied upon the premises in controversy, and the plaintiff became the purchaser, at the amount of the judgment and costs.

The plaintiff now…