Youd

Youd v. German Savings & Loan Society

Good Law
1906 Cal. App. LEXIS 267·3 Cal. App. 706·86 P. 991
Court of Appeal of CaliforniaMay 22, 1906Civ. No. 204.California1,696 words

Opinion

Lead Opinion

McLAUGHLIN, J.

Action to quiet title.

The court found against the plaintiffs on the vital issue, and the sufficiency of the evidence to support such finding is challenged by the appellants. All the parties to the action claim title under A. E. and Thomas Upton, who purchased the land from one Martin in 1881. The said owners mortgaged the land to respondent, and as a result of an action to foreclose such mortgage, the property was sold to respondent by a commissioner on July 10, 1897, for the sum of $30,-475, and a certificate of sale in due form was thereupon issued to the said purchaser. On December 18, 1897, T. C. Law, who held a mortgage on an undivided one-half of said land, executed and delivered to him by A. E. Upton on February 15, 1896, served a notice of redemption in proper form on the commissioner who made the sale under foreclosure, and at the same time paid to said commissioner the amount for which the land was sold, with two per cent per month thereon, and thereupon a certificate of redemption in due form was issued to him. After receiving such certificate, Law assigned the same to W. S. Goodfellow, who was the at torney for respondent in the foreclosure suit, and the latter…

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