Maina v. Elliott
California Supreme Court
Appeal from the District Court, Sixth Judicial District, County of Sacramento. Action to quiet the title to lot four, in the block between I and J and Twelfth and Thirteenth streets, in the city of Sacramento.
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Appeal from the District Court, Sixth Judicial District, County of Sacramento. Action to quiet the title to lot four, in the block between I and J and Twelfth and Thirteenth streets, in the city of Sacramento. In the early part of 1868, W. K. Brown was in possession of the lot, but it had been sold under a judgment for the taxes of the previous year, and Fred Elliott hacl purchased it, and received a sheriff’s deed, January 13, 1868. On motion of Elliott, Brown was removed, and Elliott was placed in possession on the 15th day of July, 1868, by virtue of a writ of assistance. The tax on the…
1Opinion of the Court
By the Court:
Brown was under no obligation to pay the tax, and the rule laid down in Coppinger v. Rice (33 Cal. 425), does not apply to the facts of the present case.
In Anderson v. Rider (46 Cal. 137), it was held that the sheriff’s deed was not void because the purchase-money was not paid for several months after the sale, there being—as in the case at bar—no stipulation for credit between the sheriff and purchaser.
*11The certificate of purchase, which was executed when the money was paid, took effect by relation as of the date of the sale, and the deed of the sheriff, made six months after the…
2Cases cited1 opinion
- Kisling v. ShawCalifornia Supreme Court · 1867
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