Rowe

Appeal from the judgment upon the judgment-roll, the sole question being whether the findings support the judgment.

The action is based upon a judgment obtained by one Latham against these defendants in another suit foreclosing a lien upon certain lands, and. directing a sale thereof in satisfaction of the lien—the object of the present action by the plaintiff, claiming as assignee of Latham, being to enforce said judgment by procuring a sale of the property therein directed to be sold. It was held on a former appeal herein that the action would lie, and that the complaint stated a cause of action. (Rowe v. Blake, 99 Cal. 167 ; 37 Am. St. Rep. 45 .)

The complaint alleges that the judgment sued upon was recovered in 1879, and that the assignment by Latham to plaintiff was made in 1884. These allegations are not denied, but the defense relied upon by the defed ants was that the judgment had, before such assignment and the bringing of the present action, been put in execution and satisfied by a sale of the property.

Upon this issue the court found these facts: “ In the *642 year 1882 one George W. Osborn claimed to have become the owner of said decree, and to have lawfully…