Dedge v. Bennett

1. Under section 6038 of the Civil Code, which makes provision for judgment creditors to redeem property held under a security deed, or where the purchase-money has not been fully paid, and for the subjection of such property to the judgments, the deed of reconveyance should be made to the defendant in fi. fa. by the vendor or holder of the title as security; “and when such conveyance has been filed and recorded, the said property may be levied on and sold as the property of the defendant.” Thus by the express terms of the statute it is declared that the conveyance must be filed and recorded…