O'Donnell

This is an action to quiet title. The plaintiff had judgment, and on application of defendants a new trial was granted. The appeal is from that order. The defendants claimed title through an execution sale under what is claimed to have been an execution against Thomas O’Donnell, husband of the plaintiff. Plaintiff derived her title through a deed of gift from her husband, which the defendants contended was fraudulent as to creditors of Thomas O’Donnell. The new trial was asked for upon all the statutory grounds, and, among them, for the alleged error of the court in admitting in evidence the judgment-roll, execution and sheriff’s deed under which the defendants claim. The particular objection'to the execution was that it was not subscribed by the clerk. The execution bears date April 6, 1895, and is attested thus: “Attest my hand and seal of said court the day and year last above written. M. C. Haley, Clerk, by B. Dougherty, Deputy Clerk.” The term of M. C. Haley as county clerk ended several months prior to this date, at which time C. F. Curry was county clerk. Section 682 of the Code of Civil Procedure prescribes that an execution shall be issued in the name of the people,…