Snyder v. Clark

Citations

• 100 Cal. 414
• 34 P. 1034
• 1893 Cal. LEXIS 810

Syllabus

<p>Execution Sale—Sheriff’s Return—Payment of Judgment—Contract of Purchaser With Surety—Estoppel.—The return of a sheriff respecting a sale of the real estate of a principal debtor under two executions, stating that the purchaser had paid the amount of both judgments, and that they were wholly satisfied out of the proceeds of the sale, is not conclusive, and does not estop the purchaser from proving that the sheriff received no purchase money in fact, and that one of the judgments was paid and satisfied in pursuance of a contract with one of the judgment debtors who was cosurety with another judgment debtor, the father of the purchaser, in whose interest the contract was made, providing that the cosurety should reimburse the purchaser for one-half of the judgment if all were paid by the purchaser, and that the contract contemplated the right to bid at the sale.</p> <p>Id.—Action Upon Contract—Evidence—Condition of Land.—In an action upon the contract to recover the money agreed to be contributed in reimbursement of one-half the amount of the judgment paid, evidence is admissible to prove that the land bid in by the purchaser at the sheriff’s sale was mortgaged to the extent of six thousand dollars, and that a homestead had been declared upon it by the principal debtor before the levy of the execution upon it, as tending to show that the bid at the sale in satisfaction of the judgment was contemplated by the contract, and was not a breach of the contract to pay the judgment.</p>