Quinn v. Kenney

Citations

• 47 Cal. 147

Syllabus

<p>Redemption of Land Sold fob Taxes. —A person redeeming from a tax sale made by the Collector of Taxes, under a judgment recovered for the tax, must pay the whole amount of the judgment, even if he own only an undivided interest in the land; but the payment does not redeem any land other than that which the redemptioner owned at the time of the tax sale.</p> <p>Right of Redemption.—The right of redemption comes entirely from the Statute, and is subject to all the limitations and conditions imposed by the Statute.</p> <p>Finding of Fact on Estoppel. — In an action to redeem from a tax sale where the purchaser at the sale and several others are made defendants, with an allegation that such purchaser has conveyed his interest in the certificate to the other defendants, a' finding by the Court that the purchaser at the tax sale still retains the property, and has not incumbered it, estops the other defendants in any future litigation.</p> <p>Judgment in Action to Redeem fbom Tax Sale.—In an action by a minor to redeem from a tax sale, brought after the deed has been executed by the Tax Collector, the proper decree, if the purchaser at the tax sale has not conveyed or incumbered the property, is, that he convey the same to the plaintiff, and if such purchaser bring into court, and tender to the plaintiff such deed, the Court may decree that the plaintiff accept it, and recover costs.</p>