Goddard v. Emerson

California Court of Appeal Feb 18, 1911 No. Civ. No. 813.Published

Before: Chipman

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Holding. The court held that the act of 1881 provides a twelve-month period from the entry of a foreclosure judgment for a purchaser to redeem state land, superseding the redemption provisions of Political Code section 3551. Because the plaintiffs attempted to redeem eighteen months after the entry of the decree, their right to redeem had expired.

Issues

Whether the right to redeem state land after a foreclosure judgment is governed by Political Code section 3551 or the act of 1881.
Whether the plaintiffs' attempt to redeem eighteen months after the entry of the foreclosure judgment was timely.

Disposition. affirmed

Quotations verified verbatim against the opinion

“It seems to us that, in view of the later act, the right to redeem is no longer restricted to the time or conditions mentioned in section 3551, but is derived from the act of 1881”

“the purchaser has twelve months, and no longer, from the completion of the foreclosure, i. e., the entry of the decree, within which to redeem.”

Synopsis

State Lands—Foreclosure of Certificate of Purchase—Time for Redemption—Extension by Statute—Code Provision Superseded.—Since the passage of the act of March 7, 1881, the time for redemption from the foreclosure of a certificate of purchase of state lands for the nonpayment of interest is no longer restricted to the time or conditions mentioned in section 3551 of the Political Code, the terms of which are superseded by that act, which extends such time to the limit of twelve months after the foreclosure of the certificate is “completed,” which imports the entry of the decree.

Id.—Duty of District Attorney to File Certified Copies of Decree not Superseded—Time for Redemption not Affected.—The duty cast upon the district attorney by section 3550 of the Political Code, within twenty days after the entry of the decree of foreclosure, to file certified copies thereof in the ofiice of the register of state lands, and in the recorder’s office of the county in which the land is situated, is not superseded by the act of March 7, 1881, but the filing of such certified copies cannot operate to extend the time for redemption under that act.

Id.—Offer of Redemption Too Late—Mandamus—Judgment upon Demurrer to Complaint.—An offer of redemption from the foreclosure of a certificate of purchase, made eighteen months after the entry of the decree of foreclosure, is too late; and a judgment was properly rendered for defendant upon demurrer to a complaint in mandamus to enforce such redemption.

CHIPMAN, P. J.

This is an action to compel the defendant, by the writ of

mandamus,

to receive payment, by way

[441]

of redemption, of the amount necessary to redeem a certain certificate of purchase for school land from a judgment of foreclosure. The trial court sustained a general demurrer to the complaint and entered judgment for defendant and plaintiffs appeal from said judgment.

It appears from the complaint: That plaintiffs are heirs at law of one Clark L. Goddard, to whom, on July 15, 1904, the state issued a certificate of purchase of certain school land, situated in Lassen county, which certificate showed payment of twenty per cent of the purchase price and legal interest to January 1, 1905; that in the month of-—, 1907, the state, by the district attorney of said county, commenced an action to foreclose and annul the said certificate of purchase because of default in the payment of interest then due for the years 1905, 1906 and 1907, upon the unpaid balance of the said .purchase price of said land; that on June 9, 1908, a judgment was given and made in said action against said Clark L. Goddard, of which a copy was filed in the office of the county recorder of said county on June 10, 1908, and another copy thereof was filed in the office of the register of the state land office, on or about June 17,1908; that no other or any certified copies of said judgment were ever or at any time filed in said recorder’s or said register’s office; that on December 29, 1909, plaintiffs tendered and offered to pay to defendant, by way of redemption of said certificate of purchase, under the provision of section 3551 of the Political Code, the sum of $66.05, being the amount of said judgment and costs in said action and interest accruing thereon, and “then offered to pay said sheriff the full amount of all interest, costs, penalties and claims of every kind which were then payable for the purpose of redeeming said certificate of purchase, and restoring and having said judgment vacated and said action dismissed, but said defendant refused to accept said payment, or to accept any payment by way of redemption or to allow said certificate of purchase to be redeemed. ’ ’

The validity of the judgment, as entered June 9, 1908, is not disputed. The question now presented arises out of what is claimed to have been a premature filing of the copies of the judgment in the recorder’s and register’s office. The filing was made in the recorder’s office one day after the entry of

Goddard v. Emerson

AI Brief

Synopsis

CHIPMAN, P. J.

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