Lanktree

This is an appeal by the plaintiff from the judgment of the trial court refusing to issue a writ of mandate upon the plaintiff’s application therefor to compel the defendant, J. B. Lanktree, as the commissioner upon a foreclosure sale, to issue a commissioner’s deed to the plaintiff as the purchaser at said sale, upon the ground that no redemption of the property involved in such sale had been made within the time required by law.

The defense to this application urged both by said commissioner and by the defendant, W. M. Roberts, and the intervener, Ella M. Murphy, was that a redemption of the property had been accomplished within the time provided by law.

The facts of the case essential to its decision are these: The original action for the foreclosure of a mortgage out of which this proceeding arose was begun by Berkeley Bank of Savings and Trust Company against Herman Murphy, Ella M. Murphy, his wife, and several other defendants. Prior to the judgment in said action the plaintiff herein was substituted for the plaintiff in that action, and thereupon judgment went in his favor against all of the defendants for the foreclosure of said mortgage and the sale of the property…