Browne v. Ferrea
California Supreme Court
Appeal from the District Court, Seventh Judicial District, County of Solano. The plaintiff, on the nineteenth day of January, 1875, obtained a judgment against the defendant enforcing a mortgage given on several separate tracts of land. The sheriff advertised them as separate tracts, but sold three of them in mass. The sale took place on the eighteenth day of March, 1875, and Lewis Pierce purchased the three tracts for money.
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Appeal from the District Court, Seventh Judicial District, County of Solano. The plaintiff, on the nineteenth day of January, 1875, obtained a judgment against the defendant enforcing a mortgage given on several separate tracts of land. The sheriff advertised them as separate tracts, but sold three of them in mass. The sale took place on the eighteenth day of March, 1875, and Lewis Pierce purchased the three tracts for money. On the thirteenth day of September, 1875, the defendant, Ferrea, filed an affidavit in which, among other things, he stated that he was an Italian and did not speak…
1Opinion of the Court
By the Court:
Three separate tracts of land were levied on by the sheriff under the execution against the defendant, were advertised as separate tracts, but were sold in a mass as one entire tract. This was an irregularity, to correct which the defendant had his remedy by motion to set aside the sale on notice to the judgment creditor, sheriff, and purchaser at the sale. (Code Civil Procedure, 694.)
To uphold the sale would' be to deprive the judgment debtor of his right to redeem any one of the separate parcels.
Order reversed and cause remanded, with direction to grant the motion.
2Cited by7 opinions
- State Ex Rel. Coffey v. District CourtMontana Supreme Court · 1925
- Marston v. WhiteCalifornia Supreme Court · 1891
- Mitchell v. Alpha Hardware & Supply Co.California Court of Appeal · 1935
- Craig v. StansburyCalifornia Court of Appeal · 1918
- Colver v. W. B. Scarborough Co.California Court of Appeal · 1925
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