Roberts
Roberts v. Henderson
Opinion
Lead Opinion
Marks, J.
Respondents H. 0. Henderson and Louisa P. Henderson held a mortgage' on property in the city o£ Long Beach, which they were compelled to foreclose and which they bid in at the foreclosure sale for $35,000. R. E. Allen was the commissioner who made the sale. Before the redemption period expired on December 28, 1928, appellant acquired assignments of the redemptioners’ right to redeem and received quitclaim deeds to the property. The property was rented for a substantial sum and on December 8, 1928, appellant served on Mr. and Mrs. Henderson a notice that she had acquired the right to redeem the property and desired to do so. She demanded of them a verified statement of the amount necessary to redeem with a statement of the credits and debits to be made on the $35,000, consisting of rents received and taxes and other proper expenditures made by them. Such a statement is authorized by section 707 of the Code of Civil Procedure. The trial court found that no such verified statement was furnished appellant and that she was at all times since December 8, 1928, ready, willing and able to redeem the property from the foreclosure sale. On December 29, 1928, appellant served a notice on R.…