McCracken

This is an appeal from an order restraining the defendants, Harris (who is the Sheriff of Santa Clara County) and Reed, (who is a judgment creditor of the plaintiff) from making sale of certain real estate situate in said County of Santa Clara, the property of the plaintiff, upon an execution in the hands of the said Sheriff. The restraining order was made upon hearing of an order previously made against the defendants, to show cause why they should not be restrained from making the sale of the premises upon the execution.

It appeared,' at the hearing of the order to show cause, that a writ of attachment issued by the District Court of Santa Clara County, at the suit of the defendant Reed, was duly levied upon the premises in October, 1878; that on the 4th day of November following, the attached premises became the homestead of the plaintiff, by means of a declaration of homestead on that *83 day duly recorded by him; that some twenty-one days thereafter—to wit, on the 25th day of November—a judgment was duly rendered and recorded by said District Court in the said action of Reed against McCracken, the plaintiff here.

1st. The principal question presented is, as to whether a…