Cavagnaro v. Don

Ross, J. Adele Lefevre died seized and possessed of the property in question on the 15th of December, 1866. She left a will which was duly admitted to probate in the Probate Court of the city and county of San Francisco, by which she devised the property to one Silvey. The year before Lefevre’s death one Halphen recovered in one of the courts of the city and county of San Francisco a money judgment against Silvey. On the 27th of February, 1867, an execution was issued on that judgment, and by the sheriff levied on all the right, title, and interest of Silvey in the property; and on April 20th, thereafter, his interest therein was sold by the sheriff under the writ to one Torrens. On October 19, 1867, one Le Roy recovered in the Fourth District Court of the State a money judgment against Silvey. By virtue of his judgment Le Roy redeemed the interest of Silvey sold under the Halphen execution, and there being no further redemption he received on the 31st of December, 1867, a deed from the sheriff conveying to him all of Silvey’s interest in the property. Meanwhile other money judgments were rendered in the State courts against Silvey— one in favor of Madam Granier, and one in favor of the defendant Don; and after the sheriff’s deed to Le Roy a third money judgment against Silvey was recovered by the defendant Martin.

So matters stood thus: All of Silvey’s interest in the property as devisee of Lefevre, whatever - that interest was, had become vested in Le Roy, while there remained money judg[229]meats against Silvey in favor of Madam Granier, Don, and Martin, in the order in which they are here named. In this condition of affairs Madam Granier, Don, and Martin, in order to secure, if they could, payment of their respective judgments, determined to purchase of Le Roy the interest in the property lie had acquired through his judgment against Silvey, and the subsequent redemption and sheriff’s deed, as well as to purchase the judgment itself. The fund necessary to make the purchase was made up by Madam Granier, Don, and Martin, in the proportions following: Madam Granier contributing $227.17 ; Don, $226.17; and Martin, $452.35; and with this common fund Le Roy’s interest in the property and in the judgment he had recovered against Silvey, were purchased—the conveyance of the property, and the assignment of the judgment being taken, for convenience, in the name of Madam Granier. After this was done the three executed and placed upon the records of the county where the property is situated, the following agreement:—

“Zoe Granier, T. B. Martin,)