Legal Opinion

Boyle v. Dalton

California Supreme Court

Decided July 1, 1872No. 3,060PublishedCited by 1 opinion

Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco.' August 23d, 1869, Julian Perrault recovered a judgment against Michael Dalton and Richard Donovan, defendants, in the County Court of the City and County of San Francisco, upon which judgment, execution was issued, and, after' due notice, the Sheriff, on the 11th of February, 1870, sold block three hundred and seventy-seven, Western Addition, to Frank F. Taylor, for seventy-one…

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Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco.' August 23d, 1869, Julian Perrault recovered a judgment against Michael Dalton and Richard Donovan, defendants, in the County Court of the City and County of San Francisco, upon which judgment, execution was issued, and, after' due notice, the Sheriff, on the 11th of February, 1870, sold block three hundred and seventy-seven, Western Addition, to Frank F. Taylor, for seventy-one dollars and eighty cents. Julian Perrault subsequently recovered another judgment against the same defendants, in the…

1Opinion of the Court

By the Court, Belcher, J.:

The plaintiff deraigns title to the premises under a Sheriff’s deed, made in pursuance of a sale on execution.

The only question in the case relates to the time within *334which the judgment debtor may redeem from a redemptioner.

It is claimed by the appellant that the judgment debtor may redeem from the purchaser, or a redemptioner, at any time within six months after the sale, while it is insisted by the respondent that he must redeem from a redemptioner, if at all, within sixty days after his redemption, and this though the whole time be less than six months after the…

2Cases cited1 opinion

  1. Tuolumne Redemption Co. v. SedgwickCalifornia Supreme Court · 1860

3Cited by1 opinion

  1. State ex rel. Brooks Bros. v. O'ConnorNorth Dakota Supreme Court · 1896

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