White v. Costigan

Citations

• 6 Cal. Unrep. 641
• 63 P. 1075
• 1901 Cal. LEXIS 1224

Syllabus

<p>Receiver’s Sale.—Though a Receiver’s Sale of Land had Been Held to he Unauthorized on appeal in another suit, the facts affecting the validity of the sale not appearing from the record in the case at bar, and it having been expressly found in the trial court that the sale was properly made, it would be assumed, for the purposes of the case, that the sale was valid.</p> <p>Mortgage—Deficiency Judgment,—Where, on Foreclosure of a Mortgage, a deficiency judgment was entered in favor of a junior mortgagee, but prior to Ms judgment a portion of the mortgaged lands not included in his mortgage had been conveyed by receiver’s deed, he was not entitled to redeem such lands, under Code of Civil Procedure, section 701, giving a right of redemption to creditors having a lien.</p> <p>Mortgage—-Redemption.—Where a Purchaser at Mortgage Sale made a quitclaim deed of the land to the owner, such deed operated as a redemption, and perfected the owner’s title.</p> <p>Mortgage—Redemption.—By Code of Civil Procedure, section 703, a redemption- from a mortgagee is followed by a sheriff’s deed, and section 705 requires a redemptioner to serve, with his notice of redemption to the sheriff, a eo-py of any assignment necessary to establish his claim. Held, that where, after mortgage foreclosure, the purchaser on mortgage sale gave a -d-eedi of the premises to the owner, and prior thereto, and with the knowledge of the owner, one who was unauthorized to redeem attempted to do so, and paid the redemption money to the sheriff, under section 703 the redemption was virtually an assignment of the purchaser’s interest, though the sheriff was not authorized to make the deed under section 705, and hence should be regarded as the assignee of the purchaser, and the owner entitled to have her title quieted only on condition of paying the redemption money to the redemptioner.</p> <p>Mortgage—Redemption.—Where the Purchaser at Mortgage Sale gave a deed of the premises to the owner, and prior thereto o