Musser

This is an appeal from an order directing the entry of satisfaction of the judgment. The order was made on motion of defendant, on the ground that “said plaintiff has received satisfaction for said judgment, and that said defendant has been duly discharged by the insolvent court from said judgment.” The order appealed from does not show upon which of these grounds it is based. It appears that plaintiff recovered a money judgment against defendant, February 18,1887; that a writ of attachment had been theretofore *640 issued, which had been duly levied upon a certain tract of land claimed by defendant in San Diego county; that after the entry of judgment an execution was issued and levied upon the same land, under which the land was sold to third parties for $37. The further sum of $250 was also collected by the sheriff on said execution, and after deducting his costs he paid to plaintiff’s attorney $247.26, properly applicable to the judgment. Nothing more has ever been paid upon the judgment, but in defendant’s affidavit, which was one of the papers upon which the motion was based, it is shown that on the 20th' of May, 1887, defendant entered into an agreement with plaintiff and…