Sharp v. Miller
California Supreme Court
Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. The action was brought to compel the defendant to deliver up a sheriff’s deed to be canceled, and to enjoin a conveyance of the premises.
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Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. The action was brought to compel the defendant to deliver up a sheriff’s deed to be canceled, and to enjoin a conveyance of the premises. The plaintiff acquired the title to the premises in suit by deed of gift from her husband, J. F. Sharp, in December, 1870. In February, 1868, the defendant, Miller, obtained a decree against Sharp, foreclosing a mortgage upon the premises in controversy and a fiity-vara lot at North Beach. Under the decree, the premises were sold December 22d, 1869, and Miller…
1Opinion of the Court
By the Court:
The redemption by Sharp was made in his capacity of a judgment debtor, and the statute makes a distinction between a redemption by the judgment debtor and by a creditor holding a lien on the property. Under Section 231 of the Practice Act, “the judgment debtor or redemp*85tioner may redeem the property from the purchaser within six months after the sale, on paying the purchaser the amount of his purchase with twelve per cent, thereon in ad■dition, together with any amount of taxes,” etc. The same section further provides “that if the purchaser be also a creditor, having a prior lien…
2Cited by4 opinions
- Hamilton v. HamiltonMontana Supreme Court · 1916
- Steinour v. Oakley State BankIdaho Supreme Court · 1928
- Lloyd v. Hoo SueDistrict Court, D. California · 1878
- Parke v. HushSupreme Court of Minnesota · 1882