Bessinger v. Grotz

SHAW, J. pro tem.

Plaintiff is a judgment debtor whose real property was sold to defendant under a judgment foreclosing a mortgage. He brought this action under section 707 of the Code of Civil Procedure, as a preliminary step to a redemption, to compel an accounting and disclosure of rents and profits alleged to have been received by defendant. Judgment was given for plaintiff, from which defendant appeals.

The trial court made findings which state the facts upon which plaintiff’s right to redeem depends, including plaintiff’s demand on defendant for a statement of rents and profits and…