Legal Opinion · Dissent

Clarke v. Cobb

California Supreme Court

Decided August 2, 1898No. Sac. No. 351Published

APPEAL from a judgment of the Superior Court of Yolo County. W. H. Grant, Judge. The facts are stated in the opinion of the court.

1Dissent

HARRISON J., dissenting.

I dissent. Section 707 of the Code of Civil Procedure declares: “The purchaser from the time of the sale until a redemption, and a redemptioner from the time of his redemption until another redemption, is entitled to receive from the tenant in possession the rents of the property sold, or the value of the use and occupation thereof.” The term “rents,” as here used, signifies the amount agreed to be paid by the tenant in possession, as distinguished from the value of the use and occupation, which is to be paid by the judgment debtor, if he remains in possession. The…

2Cases cited12 opinions

  1. Blood v. LightCalifornia Supreme Court · 1869
  2. Bank of Pennsylvania v. WiseSupreme Court of Pennsylvania · 1834
  3. Page v. RogersCalifornia Supreme Court · 1866
  4. Robinson v. ThorntonCalifornia Supreme Court · 1893
  5. Martin v. MartinCourt of Appeals of Maryland · 1855

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