Rupert

This is an action to quiet the plaintiff’s title to a quarter section of land in the county of Fresno. The plaintiff had judgment, and the defendants appeal therefrom on the judgment-roll, without any statement or bills of exceptions.

The material facts of the case, as found by the court, are in substance as follows: In April, 1891, plaintiff entered into possession of the said quarter section of land, and on November 22, 1891. made final proof thereon in the United States land office at Visalia, county of Tulare. On February 14, 1893, the United States government issued to the plaintiff its patent for the said land. On November 10, 1891, defendants filed in the recorder’s office in the county of Fresno an abstract of a judgment recovered by them against the plaintiff in a justice’s court on August 36, 1891. On August 36, 1893, an execution was issued out of the justice’s court, and on October 7, 1893, “all of the right, title, and interest of George Rupert, the plaintiff, which he had on the tenth day of November, 1891, in the said land de *112 scribed in the plaintiffs complaint was sold by á constable.” The said constable ‘'sold, or attempted to sell, only such right, title,…