Gross v. Fowler
California Supreme Court
Appeal from the Fifth Judicial District. Ejectment for a lot in the city of Stockton. The answer denied the plaintiff’s title, and the issue thus raised was tried by the Court without a jury.
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Appeal from the Fifth Judicial District. Ejectment for a lot in the city of Stockton. The answer denied the plaintiff’s title, and the issue thus raised was tried by the Court without a jury. The plaintiff introduced the judgment roll in a former action in the same Court brought by the present plaintiff against the defendant to foreclose a mortgage previously executed by the latter upon the lot in question, in which action a decree was rendered foreclosing the mortgage and directing a sale of the premises—also, the order of sale to the Sheriff and his return certifying that the sale was made…
1Opinion of the CourtField, C. J.
Cope, J. and Norton, J. concurring.
The plaintiff deraigns title through a deed of the Sheriff executed to him upon a sale of the premises in controversy under a decree in a mortgage case. The sale was made on the fifth of October, 1861, and the deed was executed on the twenty-fifth of March following— which was after the lapse of six lunar months, but within six calendar months. The statute allows six months from the date of the sale for the redemption of real property sold under execution, and this Court has held that a similar right of redemption applies to sales under decrees in mortgage…
2Cases cited5 opinions
- Prince v. SmithMassachusetts Supreme Judicial Court · 1808
- Strong v. BirchardSupreme Court of Connecticut · 1824
- Bartol v. CalvertSupreme Court of Alabama · 1852
- Kent & Cahoon v. LaffanCalifornia Supreme Court · 1852
- Kimball v. LamsonSupreme Court of Vermont · 1829
3Cited by14 opinions
- Parker v. DacresSupreme Court of the United States · 1889
- Nielsen v. RichardsCalifornia Court of Appeal · 1925
- Muse v. London Assurance Corp.Supreme Court of North Carolina · 1891
- Moore v. MartinCalifornia Supreme Court · 1869
- Leaf v. CoddIdaho Supreme Court · 1925
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