Page v. Rogers

Citations

• 31 Cal. 293

Syllabus

<p>What Title Execution Purchaser Acquires. — The purchaser of real estate sold on execution, upon the delivery to him of the Sheriff's certificate of sale, acquires a species of conditional equitable estate in the land, subject to be defeated only by a redemption within the time allowed by law, leaving the legal title, with a right of redemption only, in the judgment debtor, which the Sheriff may convey to the purchaser by executing a deed to him after the expiration of the period allowed for redemption.</p> <p>Title of Execution Purchaser before Redemption.—During the period which elapses between the sale of land on execution and the expiration of the time for redemption, the statute regards the purchaser as the owner in equity of the land, subject only to the right of redemption, and gives him the rents and profits, or the value of the use and occupation—in short, the entire beneficial interest in the property, except the actual possession.</p> <p>Estate of Purchaser at Judicial Sale liable to Execution.—The purchaser of real estate upon execution sale, both before and after the period for redemption expires, has an estate in the land purchased which may be levied on and sold on an execution running against his property.</p> <p>Interest of Execution Purchaser in Property.—The purchaser of real estate at execution sale has, before the period for redemption expires, a species of equitable conditional estate, which becomes absolute upon the expiration of the time for redemption, leaving, thereafter, only' the barren legal title in the judgment debtor, until the execution and delivery of the Sheriff’s deed.</p> <p>Sheriff’s Duplicate Certificate of Sale.—A duplicate of á Sheriff’s certifi- . cate of sale of land was deposited by the Sheriff with the Recorder of the proper county, indorsed “filed” by the latter officer, recorded as a deed in a book of records of deeds, and regularly indexed as a deed, and afterwards placed in a file of recorded deeds, but not with a f