Dorland

This action was commenced May 13, 1879, in the late district court of the twenty-third judicial district for the city and county of San Francisco, to enforce the lien of a street assessment on a lot on Mission Street, then the property of the defendant. A decree enforcing the lien by sale of the lot was entered January 11, 1881.

On July 11, 1883, and before the issuing of an execution upon this decree, the defendant conveyed the lot to Romain C. De Boom.

On February 28, 1887, the superior court, on motion of plaintiff’s attorney, without notice to De Boom or defendant, made an order directing that execution issue on the decree.

An execution (order of sale) was accordingly issued on March 1, 1887, and on March 26, 1887, the sheriff sold the lot at public auction to plaintiff’s attorney, J. M. Wood, for the sum of $834.43, which was applied to the satisfaction of the assessment and costs.

On April 25, 1890, pursuant to previous notice served on J. M. Wood, Esq., De Boom moved the court to vacate and set aside the order of February 28, 1887, directing that execution issue, and also to set aside the sheriff’s sale of the lot to J. M. Wood, on the grounds that the order was…