Hudepohl

This is an action to set aside an exetion sale, on the ground that the property, consisting of several disconnected parcels of land, was sold en masse.

The court below sustained a demurrer to the complaint, and we think its action was right.

The plaintiff’s right to maintain the action rests upon his claim to be a redemptioner by virtue of a judgment rendered in his favor against the defendant corporation in the superior court of San Francisco, of which a transcript of the docket was filed in the county recorder’s office in Nevada County, on March 28, 1887. The property had, however, been sold by the sheriff of Nevada County, October 9, 1886, upon a judgment against the same defendant in favor of one Todd, and the defendant Marshall, who also held a judgment lien against the *591 same property, had redeemed the property from the sale on the 13th of October, 1886.

1. The complaint shows that Marshall, the redemption er who redeemed the property from the purchaser, sold and conveyed all his rights, including the right to a deed from the sheriff to defendant Anna E. Smith, before plaintiff’s judgment became a lien on the property, and it is not alleged that she (Smith) had notice…