Abbott

The appellant F. J. Abbott was lessee of certain lots in Los Angeles County. He borrowed moneys from Thomas C. Job and assigned the lease as security for the repayment of those moneys. Thomas C. Job assigned to George B. Hull. F. J. Abbott failed to pay the moneys when due. Being in default, he sought to protect his interests by preserving his right to redeem if respondent should attempt to enforce his claim. He commenced an action against the respondent, praying for that relief. The respondent answered and also filed a cross-complaint. The cross-complaint was answered. The respondent made a motion for judgment on the pleadings. The motion was granted and the appeal is from that judgment. If the one question of law presented by appellants is decided against them the judgment should be affirmed.

That question involves section 700a of the Code of Civil Procedure, which is as follows: ‘ Sales of personal property, and of real property, when the estate therein is less than a leasehold of two years’ unexpired term, are absolute. In all other cases the property is subject to redemption, as provided in this chapter. ...” The appellants concede at once that the section provides that the…