Frost

The action is ejectment for lands in Alameda County. Both parties claim under the same source of title—Gideon Aughinbaugh. Plaintiff claims under a conveyance made by Aughinbaugh to one Tinsley in October, 1855. Defendant Meetz claims under two execution sales, one had under a judgment recovered against Aughinhaugh by Drexel, Sather, and Church, and the other recovered against Aughinhaugh by Samuel Moss. These actions against Aughinbaugh were brought to foreclose mortgages, and the execution sales were made for the purpose of satisfying deficiencies.

The evidence in the case, and the facts found in Chapin v. Broder, 16 Cal. 407 , show that in the Moss case the deficiency was filed on the 24th of August, A. D. 1855. The return on the order of sale showing deficiency is dated July 81st, 1855, and it is marked filed by the Clerk August 24th, 1855.

The deficiency in the Drexel, Sather, and Church case was reported on July 24th, 1855, as is stated in Chapin v. Broder, supra, where all the facts, in regard to the cases under discussion are fully set out. The transcript shows the return on the order of sale to be dated by the Sheriff on the 24th day of July, 1855; but there is no…