Goddard
Goddard v. Emerson
Opinion
Lead Opinion
Chipman, J.
This is an action to compel the defendant, by the writ of mandamus, to receive payment, by way 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,…