Kelly v. Barnet

This is an appeal from a judgment entered after an order sustaining a general demurrer to the complaint, the plaintiff declining to amend.

The action was in the nature of an application for a writ of mandate to compel the defendant, as sheriff of Alameda County, to make, execute, deliver, and record a certificate of sale upon execution of certain real property, in favor of the plaintiff as the purchaser thereof at such sale. The following are the essential facts set forth in plaintiff’s application for the writ: The plaintiff, as trustee in bankruptcy of the estate of James Treadwell, brought…