Cummings v. Coe

Citations

• 10 Cal. 529

Syllabus

<p>Courts of Equity possess jurisdiction to decree the re-execution of a deed, accidentally destroyed. The jurisdiction is maintained in such cases where the destruction of the deed would create a defect in the deraignment of the plaintiff’s title, and thus embarrass the assertion of his rights to the property.</p> <p>Until a consummation of a sale of real property upon execution is made hy a conveyance from the sheriff, the estate remains in the judgment-debtor. Until then, the purchaser possesses only a right to an estate which may afterwards be perfected by conveyance.</p>