Blanchard

— A judgment was rendered against the appellant in the justice’s court of Bodie Township, in Mono County, on the thirty-first day of December, 1888, and an execution thereon was issued out of said court on the twenty-seventh day of November, 1891. By virtue of this execution the sheriff of Mono County, on the thirtieth day of November, 1891, levied upon “ the franchise to collect toll and all the rights and privileges thereunder or belonging thereto, of the said H. C. Blanchard,” on a certain toll road, and on the 14th of January, 1892, sold the same to the plaintiff, and' executed to him a certificate of such sale. Thereupon the plaintiff notified the defendant of such purchase and demanded to be let into the possession thereof, and, upon his refusal, made an application to the superior court of Mono County for a writ of mandate commanding him “to let the petitioner, S. W. Gregory, immediately into the possession of said franchise, and of all property necessary for the exercise of the powers and the. receipts of the proceeds thereof.” After a hearing upon the application the court granted the writ, and the defendant has appealed to this court.

1. The superior court was not…