Hershey v. Dennis
California Supreme Court
Appeal from the District Court of the Sixth Judicial District, Yolo County. This action was brought to quiet the title of the plaintiff to certain real estate in Yolo County; to establish the relations existing between the plaintiff and the defendant Diehl and wife, and to cancel and have declared void a certain Sheriff’s deed of said real estate.
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Appeal from the District Court of the Sixth Judicial District, Yolo County. This action was brought to quiet the title of the plaintiff to certain real estate in Yolo County; to establish the relations existing between the plaintiff and the defendant Diehl and wife, and to cancel and have declared void a certain Sheriff’s deed of said real estate. The defendant Dennis filed a cross-complaint, claiming that he was the owner of the property, and praying that his title he quieted, and that he he placed in possession. The Court gave judgment in favor of defendant, as asked for in his…
1Opinion of the Court
By the Court :
Assuming, for the purposes of this case, that Barrett had a lien by virtue of the docketed deficiency arising from the mortgage sale, except for the homestead, it is plain that no such lien could attach after the declaration of homestead.
Barrett, therefore, occupied no such relation to the property or parties as authorized him to redeem from the 'purchaser at the mortgage sale; and Dennis, the purchaser, acquired no right as redemptioner by reason of a re-assignment from Barrett.
It follows that the mortgagor or his grantee could redeem from Dennis on payment of the amount of his…
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