Harris v. Reynolds

Citations

• 13 Cal. 514

Syllabus

<p>The words “ tenant in possession ” in Section 236 of the Practice Act, embrace the judgment debtor, as well as his lessee.</p> <p>The purchaser at Sheriff’s sale of a “water ditch,” is entitled to the rents and profits thereof from the date of the sale till the expiration of the time for redemption, as well from the judgment debtor in possession as from his tenant.</p> <p>Where statutes use words and phrases of a well-known and definite meaning in the law, they are to be expounded in the same sense in the statute.</p> <p>Where a judgment debtor remains in possession of a “ water ditch ” after Sheriff’s sale, and collects the rents and profits during the six months following, he is a Trustee of the fund for the purchaser at the sale, and, if the fund be in danger of loss, a hill in equity to account, will lie.</p>