Appeal from the Superior Court of the City of San Francisco.

One of the defendants in this case, A. L. Teschiera, having purchased certain premises, in the city of San Francisco, from John H. Still, and afterwards having discovered that Still’s wife set up a claim of homestead therein, attempted to purchase her interest therein, without success. A second negotiation was opened, by one Charles R. Saunders, ostensibly in his own name, hut in fact for Teschiera, who agreed to furnish the money, and did do so. Saunders, Still, and wife, finally agreed upon the sum of one thousand dollars. Still and wife executed and acknowledged the deed for the premises, which the former took to the office of Saunders, expecting to receive the money therefor.

After Still had parted with the possession of the deed, which was immediately sent to the recorder’s office, for record, and while Saunders was counting out the money, the sheriff, who was in an adjoining room, according to an agreement between Saunders and one Mastick, the attorney of Teschiera, walked in and attached the money' in Saunders’ hands, in a certain suit of Teschiera v. John H. Still. Judgment having been obtained in this action, Saunders paid over to the sheriff the sum of nine hundred and fifty dollars, having paid the remainder, fifty dollars, to a creditor of John H. Still, according to an agreement made about the time of the sale. Saunders, before the commencement of this suit, conveyed the premises to Teschiera. This action was brought by Still and wife, for the purpose of having the deed to Saunders canceled. The case was tried before a jury. On the trial the Court admitted evidence under the exception of defendants’ counsel, for the reason that it was irrelevant, and also delivered certain instructions to the jury, to which the defendants objected. The jury found a general verdict for the plaintiffs, on which the Court rendered a decree in favor of plaintiffs, declaring the deed to Saunders void.

Defendants moved for a new trial, which being denied, they appealed.