California Supreme Court July 1, 1870, No. 1,505 (Hastings v. Cunningham)

Temple, J.,

delivered the opinion of the Court:

This is an action for a partition, and the only question involved in this appeal is whether Sharp or Moon has succeeded to the interest formerly held by Samuel W. Haight in the premises sought to be partitioned. Sharp claims under certain proceedings in insolvency instituted by Haight; while Moon claims under a judgment and execution sale.