Kreling

Motion for a writ of supersedeas.

A judgment was rendered in favor of the plaintiff that the defendant within ten days after its entry pay, satisfy, and discharge certain indebtedness existing in favor of the Anglo-Californian Bank, Limited, upon two promissory notes, amounting to five thousand dollars, held by it, and within said date procure a release of the plaintiff’s intestate from liability on said notes; that in default thereof a certain parcel of real estate described in said judgment be sold by a commissioner who was *460 appointed therefor, and that out of the proceeds thereof the amount of said notes be paid to said bank; and if said proceeds were insufficient, judgment for the balance be docketed against the defendant, and execution issue therefor. From this judgment the defendant appealed, and gave an undertaking in the sum of three hundred dollars for the costs of appeal, and a further undertaking in the sum of two thousand five hundred dollars, that amount having been fixed by the judge of the court which rendered the judgment, to the effect that the appellant would not, pending the appeal, commit, or suffer to be committed, any waste upon the real property…