Kent & Cahoon v. Laffan
California Supreme Court
Appeal from the Superior Court of San Francisco. The plaintiffs held the mortgage of defendant, dated October, 1851, which they foreclosed in the said Court; at the sheriff’s sale of the mortgaged premises, plaintiffs become the purchasers, and the sheriff gave a certificate of sale, in the first place, to the purchasers, and within a few days after, delivered to them an absolute deed for the same premises; which the purchasers subsequently conveyed to one Isaac E. Holms.
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Appeal from the Superior Court of San Francisco. The plaintiffs held the mortgage of defendant, dated October, 1851, which they foreclosed in the said Court; at the sheriff’s sale of the mortgaged premises, plaintiffs become the purchasers, and the sheriff gave a certificate of sale, in the first place, to the purchasers, and within a few days after, delivered to them an absolute deed for the same premises; which the purchasers subsequently conveyed to one Isaac E. Holms. Henry A. Bechet, the holder of a judgment, subsequent in date to the mortgage, claimed the right of redemption, and for…
1Opinion of the CourtHeydeneeldt, Justice
Section 229, of the Practice Act, declares, “upon a sale of real property, when the estate is less than a leasehold of two years unexpired term, the sale shall be absolute. In all other cases, the real property shall be subject to redemption, as provided in this chapter.”
I think the language of this act is sufficiently comprehensive to include within its design, sales of real estate under decrees of foreclosure of mortgages; a contrary doctrine might be held by ingenious and technical construction of that portion of the act which regulates executions upon judgments. But in all such cases I…
2Cited by9 opinions
- McMillan v. RichardsCalifornia Supreme Court · 1858
- North Dakota Horse & Cattle Co. v. SerumgardNorth Dakota Supreme Court · 1908
- Hamilton v. HamiltonMontana Supreme Court · 1916
- Parker v. DacresSupreme Court of the United States · 1889
- Clark v. CraneCalifornia Supreme Court · 1881
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