Scheerer

The defendant Goodwin brought an action in ejectment against Joseph Scheerer and the city and county of San Francisco in 1892, in which judgment was rendered in "his favor December 30, 1892, from which an appeal was taken and the judgment affirmed in this court. (Goodwin v. Scheerer, 106 Cal. 690 .) After the remittiiur had been filed in the superior court he caused a writ of restitution to be issued upon the judg *156 merit, and while the sheriff was in the execution of this writ the plaintiff herein brought the present action against him and the sheriff for an injunction against its execution, and for damages, upon the ground that he was in possession of the property and the owner thereof. Upon the trial of the cause, the court found that the plaintiff had never been the owner of the property, and that his possession thereof was taken by collusion with Joseph Seheerer, his father, for the purpose of evading the force of the aforesaid judgment. Judgment was accordingly rendered in favor of the defendants,, from which the present appeal is taken.

Under the judgment in the action of Goodwin v.Scheerer, supra, the sheriff was authorized to remove from the land the defendants in…