Tuolumne Redemption Co. v. Sedgwick

Citations

• 15 Cal. 515

Syllabus

<p>The Redemption Act of 1859 is in susbstitution of the Act of 1851, and applies to sales made after the passage of the Act of 1859, though made upon judgements rendered before.</p> <p>the act, upon any terms different from those prescribed by the act. If the right to redeem under the Act of 1851 were an incident to any judgment rendered while that act existed, it was a portion of the remedy which might be taken away by the Legislature at any time before the right had become vested by the party availing himself of it. The fact that judgments were recovered before the Act of 1859, does not vest in the holders of them a right to redeem from a sale made after the passage of</p> <p>The right to redeem under the statute, and the mode of asserting the right, are mere creatures of the statute. The right is given to a judgment creditor, and if before a party becomes a judgment creditor, the law be repealed, he has no claim to redeem, because he does not belong to the class of persons for which this remedy is furnished.</p> <p>The right to redeem land is no part of the contract of indebtedness. It is a new privilege given by statute. It is a provision made by statute for a future contract, by pursuing which a purchase of land may be made. But as this provision is only a matter out of which rights may grow, the provision may be repealed at any time before a party avails himself of it.</p> <p>The Legislature may give a particular privilege, or a right to contract on certain terms or in certain circumstances, but it may repeal the provision, or deny the right, as a general rule, as fully and completely as it can give them; or it may alter the terms at its pleasure, subject only to this : that it cannot repeal or alter so as to affect those contracts which have been made during the existence of the act authorizing them.</p> <p>The statutory regulations as to redemption, are mere provisions of sale, governing the course of the process and its effect. They do not touch the contra