Mowry

Action to quiet title to certain real property situated in San Francisco. Judgment went for defendant, from which and from an order denying a motion for a new trial plaintiff appeals.. Respondent claims title to the premises in contest under sheriff’s sale and deed made under an execution issued upon a judgment against one Laura A. Mowry, who is the mother of plaintiff. This judgment was rendered against Laura A. Mowry on an undertaking on appeal executed by her on an appeal taken from the superior court to this court by the defendants in a certain action entitled Heney et al. v. Alpers et al. The undertaking contained the covenants provided for in section 942 of the Code of Civil Procedure. The judgment in Heney et al. v. Alpers et al.—which was for $1,344.18, with interest and costs—was affirmed by this court on March 28, 1883, and the remittitur was filed in the superior court May 3, 1883. The judgment on the undertaking was rendered on August 2, 1883—more than thirty days after the *278 filing of the remittitur. It is admitted for the purposes of this present appeal that the judgment against Laura A. Mowry on the undertaking on appeal was rendered without any notice of the…