Landregan

This is an action brought under the provisions of section 788 of the Code of Civil Procedure, for the purpose of quieting title to certain quartz mines situated in Plumas County. The complaint is in the usual form, and the answer denies the allegations thereof except as to the adverse claim, and further alleges that at and for a long time prior to the commencement of the action, defendant was the owner of, in the possession, and entitled to the possession of all of said real estate. The court found all the allegations of the complaint to be true, and a decree was entered quieting plaintiff’s title. After the entry of the decree, plaintiff moved the court for an order to the sheriff that he be placed in possession of the property, and in support of said motion, filed an affidavit setting forth the proceedings resulting in the decree, and also setting out the fact that at the commencement of said action plaintiff was out of possession, and the defendant was the party in possession of the property. Defendant opposed the motion, and filed an affidavit setting forth the fact that subsequent ■to the rendition of the decree he obtained judgment on ■the merits against plaintiff, in an…