Bank of British Columbia v. Harlow & Page

Citations

• 9 Or. 338

Syllabus

<p>Judicial Salk — Confirmation—Sureties on Appeal.</p> <p>Under section 304 of the civil code, a purchaser at a judicial sale is entitled to the possession of the property when not in possession of a tenant holding over under an unexpired lease.</p> <p>An undertaking upon an appeal from an order confirming the sale of real property, does not have the effect to defeat or suspend the right of a purchaser at a judicial sale to the possession of the property, or to continue the use and occupation of the property in the appellant, by providing, in addition to the payment of all costs, damages and disbursements, for the payment for such use and occupation not to exceed a certain sum, not ascertained and fixed by the court, but by the appellant.</p> <p>The right to the possession of the property being in the purchaser, the appellant could only continue in the use and occupation of the premises until the appeal from the order of confirmation was heard, by some agreement with the purchaser; but the obligation of the sureties upon the undertaking includes no agreement of this character which renders them liable.</p>