Leonis

The parties to this action have filed a stipulation herein to the effect “that the errors assigned by the appellant in the record in this case are well taken,” and that the judgment and order appealed from shall be reversed, and the cause remanded to the *331 superior court for a new trial, and have moved for a judgment in accordance with this stipulation. The motion is opposed by one Victoria J. de Yorba, who has filed an affidavit to the effect that since the rendition of the judgment appealed from she has recovered a money judgment against the respondent here, and has caused an execution thereon to be levied upon the land in controversy in this action; “ that she is informed and believes that upon the technical merits of this appeal the respondent, Biscailuz, will be entitled to have his said judgment against Leonis confirmed, but the affiant avers that she is informed and verily believes that since her said levy on the said interest of Biscailuz in said Leonis’ lands, an arrangement has been arrived at between the appellant, Leonis, and respondent Biscailuz that by some form of consent judgment, or by some device, the particulars of which cannot be ascertained by affiant, a…