Reynolds v. Lathrop
California Supreme Court
Appeal from the District Court of the Tenth Judicial District, County of Yuba. The plaintiff was a purchaser of certain premises at sheriff’s sale. At the time of purchase, the defendant was a tenant of the judgment-debtor, at a monthly rent of one hundred dollars. The defendant had express notice of plaintiff’s purchase, but still paid the rent to the judgment-debtor. The plaintiff sued for the rent before the expiration of the six months allowed for redemption.
Read the full summary
Appeal from the District Court of the Tenth Judicial District, County of Yuba. The plaintiff was a purchaser of certain premises at sheriff’s sale. At the time of purchase, the defendant was a tenant of the judgment-debtor, at a monthly rent of one hundred dollars. The defendant had express notice of plaintiff’s purchase, but still paid the rent to the judgment-debtor. The plaintiff sued for the rent before the expiration of the six months allowed for redemption. The Court below decided that the suit was prematurely brought, and the plaintiff appealed to this Court.
1Opinion of the CourtBurnett, J.
The only question presented, regards the construction of the two hundred and thirty-sixth section of the Practice Act. In the case of Middleton v. Guy, this Court decided, that the purchaser could not obtain possession of the premises from the judgment-debtor, until the expiration of the time allowed for a redemption. There is nothing in that decision, however, that affects the present case.
That the purchaser is entitled to the rents from the sale, is not disputed, but it is insisted—First, that his remedy is against the judgment-debtor; and—Second, that conceding the tenant may be sued by…
2Cited by14 opinions
- Otis v. McMillan & SonsSupreme Court of Alabama · 1881
- Clarke v. CobbCalifornia Supreme Court · 1898
- Walker v. McCuskerCalifornia Supreme Court · 1887
- Whithed v. St. Anthony & Dakota Elevator Co.North Dakota Supreme Court · 1900
- Local Realty Co. v. Lindquist Et Ux.Utah Supreme Court · 1938
9 more not listed; retrieve them via the Exa API.