Porter

This is an action for a perpetual injunction to restrain Jennings, the sheriff of Santa Cruz County, from selling the land of plaintiff under an execution issued on a judgment in favor of defendant Cummings, against one William N. Cummings.

The complaint was full and complete.

The answer denied plaintiff’s ownership, specifically averring that the deed from the execution debtor Cummings, to one Ketchum was in fact a mortgage, and that the deed from Ketchum to plaintiff conveyed no title.

Upon the filing of the complaint an order was made on defendants to show cause why an injunction should not be granted to stay proceedings pending the final determination of -the suit, and a temporary restraining order was issued.

The 'matter was heard upon the complaint and answer, and upon a decree of the court made in the case of Cummings v. Cummings, which does not appear to be material.

The restraining order was set aside by the court, which was, in effect, a refusal to grant the injunction. (Hides v. Michael, 15 Cal. 109 .) From this order denying the application for an injunction pendente lite, plaintiff appeals.

The rule is so well established in this state that an order granting or…