Southern California Lumber Co. v. McDowell

Citations

• 105 Cal. 99
• 38 P. 627
• 1894 Cal. LEXIS 1117

Syllabus

<p>Foreclosure Sale—Redemption—Mandamus to Compel Deed—Title of Defendant—Estoppel of Plaintiff.—Where the plaintiff obtained a decree of the superior court ordering a whole block of land to be sold by the sheriff, and purchased the whole block at the sheriff’s sale as the property of the defendant in the foreclosure suit in satisfaction of the lien, and after redemption attempted by a successor of the judgment debtor, seeks from the sheriff a deed of the whole block, by writ of mandate, the plaintiff will not be heard to object to the redemption of the land on the ground that the defendant in the foreclosure suit never owned the whole block.</p> <p>Id.—Prior Sale of Part of Block—Right of Redemption.—It is not a valid objection to a redemption of the whole block by the successor in interest of the judgment debtor that, before such redemption, the judgment debtor had sold a part of the block to another person or corporation.</p> <p>Id. —Conveyance by Judgment Debtor of Land not Owned—Right of Successor to Redeem.—Although the defendant in the foreclosure suit in fact owned only a portion of the block sold under foreclosure, which portion had been previously conveyed to a railway company, the defendant nevertheless has a sufficient interest in the property foreclosed to be entitled to redeem the whole block, and can convey or assign his remaining interest in the block for the purpose of having the certificate of redemption of the property from the sale issued in the name of his grantee, and such grantee has the right as successor in interest of the judgment debtor, within the meaning of section 701 of the Code of Civil Procedure, to redeem the property in his own name.</p>