Blake

This case was heard in Department Two, and affirmed. A rehearing was granted. After further argument and consideration of the case, we adhere to the conclusion reached by the Department. (People v. Harrison, ante, p. 607, opinion this day filed.)

Order affirmed.

Sharpstein, J., Fox, J., and McFarland, J., concurred.

The following is the opinion, above referred to, rendered on the 11th of January, 1890: —

This action was commenced on the twenty-seventh day of July, 1872, to foreclose the interest of the defendant, Blake, in a certain half-section of school-land situate in the county of Fresno, and to annul the certificate of purchase therefor, issued to him on the twelfth day of February, 1869. Summons was issued and placed in the hands of the sheriff of the county, *613 and on the first day of August following was returned by him with his certificate “that after due diligence the therein-named defendant cannot be found within the county.” An affidavit -was then made by the district attorney, setting forth “that the name or residence of the holder of the certificate of purchase described in the above-entitled action is unknown to him; wherefore deponent asks that service of the…