Calkins v. Steinbach

Citations

• 66 Cal. 117
• 4 P. 1103
• 1884 Cal. LEXIS 707

Syllabus

<p>Mortgage—Foreclosure—Redemption by Tenant in Common.—Under section 701 of the Code of Civil Procedure, a redemption of land by a tenant in common, after a sale under a foreclosure of mortgage executed by all the co-tenants, puts an end to the sale, and restores the parties to their original title.</p> <p>Id.—Equitable Lieu—Action to Eufobcb.—The tenant in common making such redemption acquires thereby an equitable lien upon the interests of his co-tenants, for the payment of their several proportions of the money paid by him in effecting the redemption; and a court of equity will enforce such lien by decreeing that in default of payment the interest of the co-tenants be sold, and the proceeds applied to the extinguishment of the lien.</p>