People v. Grant
California Supreme Court
Appeal from the District Court of the Third Judicial District, County of Santa Clara. In August, 1871, the Sheriff sold the premises in suit to one Roberts, under a judgment and decree against the property for delinquent taxes of the year 1869-70, Ro redemption being made, the Sheriff executed a deed to Roberts in February, 1872. Roberts subsequently deeded the land to Lowe, who, being refused possession by the occupant, upon an ex parte application, obtained an order on the…
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Appeal from the District Court of the Third Judicial District, County of Santa Clara. In August, 1871, the Sheriff sold the premises in suit to one Roberts, under a judgment and decree against the property for delinquent taxes of the year 1869-70, Ro redemption being made, the Sheriff executed a deed to Roberts in February, 1872. Roberts subsequently deeded the land to Lowe, who, being refused possession by the occupant, upon an ex parte application, obtained an order on the 13th of May, 1872, for a writ of assistance placing him in possession. On the 31st of May, one Tormey moved to set…
1Opinion of the Court
By the Court:
1. Lowe was not the holder of the Sheriff’s deed in the sense of the statute. The “ holder” of such a deed is the person who is the grantee therein named, and not a subsequent vendee of such grantee. It results that the provision of the statute permitting a writ of assistance to be issued upon the application of the holder of the Sheriff’s deed, did not authorize such a writ to be issued in favor of Lowe.
2. The purchaser from the grantee of the Sheriff' having, by intrusion into the case, and without notice to the tenant or his landlord, obtained an order for the writ, the latter…
2Cited by17 opinions
- In Re Estate of BakerCalifornia Supreme Court · 1915
- Pignaz v. BurnettCalifornia Supreme Court · 1897
- Title Ins. Trust Co. v. Calif. Etc. Co.California Supreme Court · 1911
- Elliott v. Superior CourtCalifornia Supreme Court · 1904
- Greif v. DulleaCalifornia Court of Appeal · 1944
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