Yoakum v. Bower
California Supreme Court
Appeal from the District Court, Sixteenth-Judicial District, Count}' of Kern. On the seventh day of April, 1875, Lesser Hirslifeld recovered judgment in said court against Margaret J. Bnrdete, for the sum of $805.75. An execution was issued and placed in the hands of the defendant, who ivas sheriff of Kern county, and he, on the seventeenth day of May following, sold certain real estate by virtue of the same, and Hirshfeld became the purchaser at $723.40. Hirslifeld, on the…
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Appeal from the District Court, Sixteenth-Judicial District, Count}' of Kern. On the seventh day of April, 1875, Lesser Hirslifeld recovered judgment in said court against Margaret J. Bnrdete, for the sum of $805.75. An execution was issued and placed in the hands of the defendant, who ivas sheriff of Kern county, and he, on the seventeenth day of May following, sold certain real estate by virtue of the same, and Hirshfeld became the purchaser at $723.40. Hirslifeld, on the eighth day of December, 1875, sold and assigned the sheriff’s certificate of sale to the plaintiff, Yoakum, who, on the…
1Opinion of the Court
By the Court:
1. A defendant in execution can redeem from an execution sale, notwithstanding he has conveyed to another the property sold under execution. The Code of Civil Procedure, section 701, provides in terms that property sold subject to redemption may be redeemed by the judgment debtor or his successor in interest in the whole, or any part of the property. The successor in interest may redeem, but the judgment debtor may also do so. The statute provides that the judgment debtor, as such, may redeem; not that he may redeem only, and in the event, that he has no successor in interest in…
2Cited by11 opinions
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- Huling v. SeccombeCalifornia Court of Appeal · 1928
- Southern California Lumber Co. v. McDowellCalifornia Supreme Court · 1894
- Altman v. SchunemanWyoming Supreme Court · 1929
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