Walsh v. Erwin

Citations

• 115 F. 531
• 1902 U.S. App. LEXIS 4949

Syllabus

<p>1. Execution — Sale—Redemption.</p> <p>Code Civ. Proc. Cal. § 703, requires the sheriff, after having made an execution sale, to receive the amount due on the judgment, with the statutory interest, and execute and deliver to the debtor an acknowledged certificate of redemption, which, when filed of record, is declared to effect a termination of the sale, and restores the debtor to his estate in the property sold. Held, that where a judgment debtor, within the time for redemption, tendered to the sheriff the amount demanded by iiim for redemption, and received and filed the certificate of redemption, the redemption was effectual, notwithstanding an error of the sheriff in computing the amount, the debtor having acted In good faith and paid the additional sum due on demand to the sheriff, 1</p> <p>3. Mines and Mining — Location op Claims — Description.</p> <p>Eev. St. § 2324, provides that the location of a mining claim must be distinctly marked on the ground, so that its boundaries can be readily traced, and that all records of such claim shall contain such a description of the claim or claims located, by reference to some natural object or permanent monument, as will identify the claim. 'Held, that a claim, marked by a blazed tree at the point where the notice of location was posted, and on one of the boundary lines, and three corner stakes placed at stated distances from the notice and from each other, and the distance of the lines leading to and from a corner, at which no stake was placed, was accurately stated, was sufficiently designated to enable a surveyor to ascertain the exact limits of the location, and was therefore sufficient.</p>