McDowell

Proceeding by writ of mandate against the defendant in his official character, as sheriff of the county of San Diego, to compel him to execute to plaintiff a deed of certain real property, to wit, block 71 of Ocean beach in the city of San Diego, with the building *100 thereon, said block consisting of fifty-four lots, numbered serially from No. 1 to No. 54, inclusive.

It appears that on December 1, 1888, the plaintiff obtained a decree of the superior court against the Ocean Beach Hotel Co. (a corporation), foreclosing a lien upon said block and appurtenances for the sum of two hundred and ninety-seven dollars and ten cents and costs, amounting to about seventy-five dollars.

After the entry of this decree, to wit, on March 5, 1889, the Ocean Beach Hotel Co., by a grant deed, conveyed lots numbered 1 to 19, inclusive, of said block to the San Diego, Eastern & Terminal Railway Co. (a corporation).

Afterwards, on February 24,1890, in execution of said decree of foreclosure, the defendant, as sheriff of said county, officially sold the whole of said block to plaintiff in one parcel for the sum of foúr hundred and fifty-one dollars and forty cents, subject to redemption, and…