McKeen

Action to determine conflicting claims to certain real property.

The appellant claims title to the land in controversy by virtue of a purchase thereof at a sale under an execution issued upon a judgment of the municipal court of appeals of San Francisco in favor of one Harry Pateman, against Robert McKeen and W. H. Norton, for the sum $277.70, including costs.

The action of Pateman v. McKeen and Norton was commenced in the court of a justice of the peace for the city and county of San Francisco, and judgment therein rendered on May 8, 1879, in favor of the plaintiff therein,, and against the defendants in that action.

*465 On June 6, 1879, the defendants therein served and filed a notice of appeal from said judgment to the county court of said city and county, but no undertaking thereon was filed until June 9, 1879.

The case was tried in the municipal court of appeals on September 24, 1879, and on that day said court rendered the judgment under which the appellant claims. No order was made by the county court transferring the case to the municipal court of appeals until after the latter court had given its judgment. But on November 11, 1879, such order of transfer was made,…