Southern California Lumber Co. v. McDowell
Before: Vanclief
Synopsis
Foreclosure Sale—Redemption—Mandamus to Compel Deed—Title of Defendant—Estoppel of Plaintiff.—Where the plaintiff obtained a decree of the superior court ordering a whole block of land to be sold by the sheriff, and purchased the whole block at the sheriff’s sale as the property of the defendant in the foreclosure suit in satisfaction of the lien, and after redemption attempted by a successor of the judgment debtor, seeks from the sheriff a deed of the whole block, by writ of mandate, the plaintiff will not be heard to object to the redemption of the land on the ground that the defendant in the foreclosure suit never owned the whole block.
Id.—Prior Sale of Part of Block—Right of Redemption.—It is not a valid objection to a redemption of the whole block by the successor in interest of the judgment debtor that, before such redemption, the judgment debtor had sold a part of the block to another person or corporation.
Id. —Conveyance by Judgment Debtor of Land not Owned—Right of Successor to Redeem.—Although the defendant in the foreclosure suit in fact owned only a portion of the block sold under foreclosure, which portion had been previously conveyed to a railway company, the defendant nevertheless has a sufficient interest in the property foreclosed to be entitled to redeem the whole block, and can convey or assign his remaining interest in the block for the purpose of having the certificate of redemption of the property from the sale issued in the name of his grantee, and such grantee has the right as successor in interest of the judgment debtor, within the meaning of section 701 of the Code of Civil Procedure, to redeem the property in his own name.
Vanclief, C. Proceeding by writ of mandate against the defendant in his official character, as sheriff of the county of San Diego, to compel him to execute to plaintiff a deed of certain real property, to wit, block 71 of Ocean beach in the city of San Diego, with the building [100]thereon, said block consisting of fifty-four lots, numbered serially from No. 1 to No. 54, inclusive.
It appears that on December 1, 1888, the plaintiff obtained a decree of the superior court against the Ocean Beach Hotel Co. (a corporation), foreclosing a lien upon said block and appurtenances for the sum of two hundred and ninety-seven dollars and ten cents and costs, amounting to about seventy-five dollars.
After the entry of this decree, to wit, on March 5, 1889, the Ocean Beach Hotel Co., by a grant deed, conveyed lots numbered 1 to 19, inclusive, of said block to the San Diego, Eastern & Terminal Railway Co. (a corporation).
Afterwards, on February 24,1890, in execution of said decree of foreclosure, the defendant, as sheriff of said county, officially sold the whole of said block to plaintiff in one parcel for the sum of foúr hundred and fifty-one dollars and forty cents, subject to redemption, and delivered to plaintiff a certificate of such sale in due form.
Before the expiration of the period for redemption, to wit, August 25, 1890, the Ocean Beach Hotel Co. executed to E. J. Swayne “ a conveyance of all its interest in and to the property described in said petition (the whole of block No. 71), for the purpose of having the certificate of redemption of said property from said sale issued in his name.”
On August 30, 1890, Swayne, as successor in interest to the Ocean Beach Hotel Co., paid to defendant seven hundred and thirty dollars and eighty-six cents for the purpose of redeeming the whole of block No. 71, and defendant accepted the same for that purpose, and issued to Swayne a certificate of redemption.
It further appears, however, that the Ocean Beach Hotel Co. never owned more than the first nineteen lots of the series of fifty-four of which the block is composed; which nineteen lots it purchased from Carlson and Higgins on December 1,1888, and sold as aforesaid to the San Diego, Eastern & Terminal Railway Co.
[101]
More from California Supreme Court
- People v. Wende (1979)
- People v. Watson (1956)
- People v. Superior Court (Romero) (1996)
- People v. Kelly (2006)
- Auto Equity Sales, Inc. v. Superior Court (1962)
- Aguilar v. Atlantic Richfield Co. (2001)
- People v. Lewis (2021)
- In Re Estrada (1965)
- Denham v. Superior Court (1970)
- People v. Marsden (1970)