Appeal from the District Court of the Second Judicial District,- County of Tehama.

Action to enjoin the sale of land under an execution. In 1867 the plaintiff, being the owner in fee of a large tract of land, consisting of two thousand five hundred and forty-two acres, made a verbal agreement with one Robinson to sell him a parcel of about one hundred and twenty-five acres, out of the northeast corner of the tract, at two dollars per acre. Robinson built a dwelling house upon the tract, and occupied it with his family; inclosed the land with a fence, at a cost of over two hundred dollars; and cultivated it for two years, but did not pay any portion of the purchase money. In November, 1869, Robinson became embarrassed in his finances, and fearing that his interest in the land might be interfered with by his creditors, by attachment or otherwise, on the fifteenth of the month he made a verbal arrangement with the plaintiff, surrendering his right to purchase the land. The plaintiff hired a man to do three days’ plowing upon the land, but Robinson’s family still remained upon the premises. On the 22d of November, 1869, Levensohn and Galland, -who are defendants in this action, brought suit against Robinson, and levied an attachment on the interest of Robinson in the entire tract of two thousand five hundred and forty-two acres. Judgment for one thousand two hundred and sixty-five dollars and costs was rendered against Robinson, and, under the execution, the creditors levied upon Robinson’s interest in the whole tract. The plaintiff brought this suit to enjoin the defendant Hale, as Sheriff, from making the sale. In their answer, the defendants plead that, by virtue of their judgment against Robinson, they became subrogated to his rights under the contract of purchase with the plaintiff, and offer to pay the amount of purchase money which they allege to be due, whenever the plaintiff shall convey the title to them. They ask judgment that the Robinson tract be sold, that the purchase money coming to the plaintiff be paid to him out of the proceeds, and the balance be applied on the execution under the judgment in the former action. The case was tried by the Court without a jury. The Court held that the defendants were entitled to be subrogated to the equities of Robinson under the agreement of purchase, and decreed that, on the payment to the plaintiffs of two dollars per acre for the one hundred and twenty-five acres, the plaintiff convey the legal title to the defendants. From this judgment the plaintiff" appealed.