Kessler

This is an action to recover a parcel of residential real property which defendant Max D. Kessler had acquired through an execution sale. The trial court ordered Kessler to convey the property to the plaintiff, Geraldine P. Smith. The judgment also provided that “4. It Is Alternatively Ordered . . . that plaintiff may redeem that real property” upon payment of $1,135 to Kessler. The case is here on Kessler’s appeal.

Historical facts

In 1950 Mrs. Smith purchased the home in Lakewood which is the subject of this action. In May 1965 H. L. Stephan, a collection agent, doing business as “Downey Credit Service,” brought an action against her in the municipal court and on June 15, 1965, obtained a default judgment in the amount of $1,400.56. The municipal court record contained no proof of service of process except a declaration of service which had been filled out but not signed.

Mrs. Smith, a widow, lived alone in her house until about June 1965 when she moved to Hawaii. She rented her Lakewood home to a couple, who paid her $165 per month rent from 1965 through October 1969. Except for occasional visits to California, Mrs. Smith lived continuously in Hawaii until March 31,…