Reilly

Appeal by defendants Wright and Johnson from a judgment quieting plaintiff’s title to a piece of mining ground in Nevada county, and from an order denying said defendants a new trial.

The complaint was in the usual form, alleging title and possession and right of possession in plaintiff, and that defendants made some claim adverse to the plaintiff in the premises which was without right. Appellants answered jointly, denying plaintiff’s title, and averring legal title in fee in Wright, and a mortgage *79 lien on the property by Johnson under a mortgage from Wright.

At the trial plaintiff deraigned title to the premises in dispute under a judgment and execution sale in an attachment suit theretofore brought by him against the defendant Wright in the superior court of Nevada county. After showing that the complaint was filed and attachment issued in that action October 16, 1889; that the attachment was levied on the property October 17, 1889; that judgment was entered therein in favor of Reilly for fifteen thousand dollars and costs May 1,1893; the issuance and levy of execution thereon against the property May 5, 1893; a sale of the property by the sheriff under the execution June…