Webster v. Cook

Citations

• 38 Cal. 423

Syllabus

<p>Appeal—Time fob Taking fbom a Judgment on Dehubbeb.—The time for an appeal from a judgment commences to run from the rendition of the judgment, and not from the time of sustaining the demurrer to the complaint.</p> <p>Pleading.—The averment in a complaint, hy a purchaser at a Sheriff’s sale of a tract of land, against the tenant in possession, for rents accruing during the period allowed for redemption, that “the money paid and agreed to be paid by the defendant to the defendant in the execution, as the rental of the premises, was S150 per month, payable monthly,” and that “payment had been demanded and refused,” is a sufficient allegation that rent is due.</p> <p>Idem—Intebpbetatton of.—The allegation that the rent was “ payable monthly,” is not an averment that it was payable in advance.</p> <p>Occupation of Land dubing the Pebiod of Redemption.—The occupation of the premises from the time of the Sheriff’s sale to the execution of the Sheriff’s deed renders the tenant primo, facie liable to the purchaser for the rent.</p> <p>Idem—Payment by the Tenant in Advance. ■—If the rent was paid in advance, that is a matter of defense, and should be set up by the defendant in avoidance of his prima facie liability to the purchaser for rent.</p> <p>Idem. —If the tenant in possession pay the rent in advance to the defendant in the execution after the sale, it will not relieve him from the liability cast upon him by the statute to pay the rent to the purchaser.</p>