Orton

Action upon sheriff’s bond. Judgment was entered for defendants upon the verdict of the jury, and plaintiff appeals only from the order denying his motion for a new trial.

Plaintiff is the assignee of the Consumers’ Lumber Company, an insolvent corporation, which operated in Humboldt county, and defendant Brown is the sheriff of said county.

On May 2, 1891, and prior to the insolvency proceedings, one Georgeson obtained judgment against said corporation for the sum of $1,031.58 and costs, in which action the plaintiff attached certain lumber and shingles; and on May 7th an execution was levied on said property, which was afterward, on May 20, 1891, sold by the sheriff in one lot, and not in separate parcels, for the sum of $700, to H. H. Buhne, Jr.

On May 23d, said corporation served notice upon the judgment creditor, the sheriff and said purchaser, that on May 28th, it would move the court to set aside said sale upon the ground of irregularity, specifying that the sale was conducted in disregard of the requirements of section 694 of the Code of Civil Procedure, in that 596,000 feet of lumber and 326,000 shingles were sold in one lot for a grossly inadequate price.

*563 Said…