Taliaferro

Of the seven appeals by defendant burgeoning from the judgment we have this day affirmed (ante, p. 642 [ 21 Cal.Rptr. 864 ]), one more requires consideration. Under writ of execution issued upon the judgment, real property standing in defendant’s name was levied upon and sold. Defendant moved to vacate the sale. The motion was denied, and defendant appeals. The order is appealable (First-Trust etc. Bank v. Meredith, 19 Cal.App.2d 103, 105 [ 64 P.2d 977 ]).

It appears that the sheriff divided the land into three parcels, which he sold separately. Each of these parcels consisted of several lots. Defendant’s affidavit averred that he instructed the sheriff to sell ‘ ‘ parcel by parcel, ’ ’ that the land “was easily divisible into smaller component parts,” and that if this had been done “more money would have been realized.”

When the sale “is of real property, consisting of several known lots or parcels, they must be sold separately” (Code Civ. Proc., § 694). There are indications that several lots shown upon a recorded map, even though they are contiguous, come within this rule (see Connick v. Hill, 127 Cal. 162 [ 59 P. 832 ] ; Anglo-Californian Bank v. Cerf, 142 Cal. 303, 306 [ 75…