Tilley

Action to quiet title. The court gave judgment that of the property in controversy plaintiff is the owner of one thousand and twenty-seven and three-fourths sixteen hundred and nineteenths, and defendants of five hundred and ninety-one and one-fourth sixteen hundred and nineteenths, undivided. Plaintiff appeals on the judgment-roll from that part of the judgment awarding an interest to defendants and quieting defendants’ title thereto.

The findings set forth the sources of title of plaintiff and defendants as follows:

In May, 1893, one Gray and others brought an action to foreclose a vendor’s lien for $1,300 on the property in question *120 against one Conly and the Midnight Gold and Silver Mining Company, a corporation, the latter being the owner of the property. Pending the action Tilley (present plaintiff, who was a director of tire corporation), in good faith, bought the claim for $775, and continued the action in the name of Gray et al., and on September 18, 1893, obtained judgment for $1,519.90, foreclosing the lien. An order of sale was issued September 27, 1893, and on October 19, 1893, the sheriff sold the whole of the premises for $1,619, being the full amount due, and…