McMillan v. Vischer

Citations

• 14 Cal. 232

Syllabus

<p>Where a redemptioner, under the statute, pays to the Sheriff an excess of money, under protest as to the excess, the payment is not compulsory.</p> <p>In such case the Sheriff is the bailee of the redemptioner as to the excess, who may recover it hack on demand, the money not having' been paid over to the redemptionee.</p> <p>Under our statute a redemptioner is not required to pay interest on the purchaser’s bid, over and above the eighteen per cent.</p> <p>Nor is he required to pay interest on the whole judgment of the purchaser, but only on the excess over and above the bid.</p> <p>Where a judgment is against two, one only of whom appeals, and the appeal is dismissed with twenty per cent, damages, the damages, with the costs, do not become part of the original judgment, and the redemptioner is not bound to pay them when he redeems from a sale under the judgment.</p> <p>The Clerk below can issue execution for these damages and costs.</p>