Wilcoxson v. Miller

Citations

• 49 Cal. 193

Syllabus

<p>Redemption as Judgment-Creditor.—A person claiming the right to redeem from a sheriff’s sale, as a judgment-creditor, must produce for the sheriff a copy of the docket of the judgment, and an attempted redemption is ineffectual without such production, and the sheriff's deed is void.</p> <p>Power of Sheriff as to Redemption.—The power of the sheriff in relation to redemption is purely statutory, and his acts are nugatory unless the provisions of the statute are pursued.</p> <p>Lien of Judgment not a Conveyance.—The lien' of a judgment is not a “conveyance ” within the meaning of the Registry Act.</p> <p>Conveyance by Judgment-Debtor.—A deed executed before a judgment is recovered against the grantor, hut which is not recorded until after the judgment is docketed, is good as against a sheriff’s sale made on the judgment, if recorded before the record of the sheriff’s deed.</p> <p>Duty of Counsel.—When a record contains many deeds, and the case requires an examination of a chain of title, it is the duty of counsel to put an abstract or tabular statement of the chain of title in their briefs.</p>