Perham v. Kuper

Citations

• 61 Cal. 331
• 1882 Cal. LEXIS 607

Syllabus

<p>Sheriff’s Deed—Period of Redemption from Execution Sale.—In an action to quiet title the defendant claimed under an execution sale, made October 5, 1874, in an action in which the land in controversy liad been attached, and a Sheriff’s deed executed, in pursuance of the sale, April 5,1875; and the plaintiff, under an execution sale, followed by a Sheriff’s deed, in an action subsequently brought against the same defendant to foreclose a mechanic’s lien, to which the defendants here were not made parties. The Court held that the Sheriff’s deed to the defendant was void; and found that the plaintiff was the owner of the land, and that defendants had no right, title, or interest therein.</p> <p>Held: The judgment debtor had the whole of the fifth day of April, 1875, within which to redeem; and the Sheriff’s deed was therefore executed prematurely, and was void.</p> <p>Id.— Id.— Certificate of Sale — Bill of Exceptions—Specifications. It may be that the Court below should have found that the defendants had an estate, right, title, or interest in and were entitled to the possession of the land by virtue of the judgment, sale, and certificate of sale. But there is in the bill of exceptions no specification of insufficiency of the evidence to justify any of the findings, except as to the evidence on which the Court found that the Sheriff’s deed was void.</p>