Beshara

This is an application by appellant William Goldberg for a writ of supersedeas to restrain an execution sale pending his appeal from an order denying his motion as an intervener, to quash plaintiff’s levy of attachment.

On December 13, 1960, the plaintiff in this action brought suit against C. A. Petrie to recover upon a promissory note for the sum of $8,250, together with interest and attorneys’ fees. On the same date plaintiff caused a writ of attachment to be issued, delivering said writ to the Sheriff of the County of Los Angeles with written instructions to attach the following described property standing as a matter of record in the name of defendant: “All right, title and interest of Defendant C. A. Petrie in and to that certain ‘Assignment of Oil Payment’ recorded September 27, 1960, in Book M 612— Page 372 official records Los Angeles County Recorder. Said assignment being from Buttram Texhoma Company to P. R. Anderson & C. A. Petrie covering oil payment rights in and to oil and gas extractions from real property as described in Exhibits and Tracts made a part of said recorded document.”

The return of the levying officer states that on December 14,1960, he attached the…