Bunting

Bunting v. Haskell

Caution
152 Cal. 426·1907 Cal. LEXIS 365·93 P. 110
Supreme Court of CaliforniaDecember 2, 1907S.F. No. 4304.California1,961 words

Opinion

Lead Opinion

Sloss, J.

This is an action to quiet title to real property. The plaintiff recovered judgment and the defendants appeal on the judgment-roll.

On June 1, 1897, Margaret Reese was the owner of the land described in the complaint, subject to a mortgage made by her on February 20, 1892, to one Iburg. Iburg brought action for the foreclosure of this mortgage, recovering judgment under which the property was sold to Bunting, plaintiff herein, on June 1, 1897. After the expiration of twelve months from said sale a deed of the property was executed and delivered to Bunting by the commissioner who had made the sale. Thereafter, on June 28, 1898, Margaret Reese and some of the defendants herein commenced an action against Bunting, the plaintiff herein, in which action the superior court, on January 28, 1901, rendered a judgment that the plaintiffs therein and each of them were entitled to redeem the property from said sale within thirty days from the entry of said judgment, upon payment to the defendant therein (the plaintiff herein) of the sum of $819.89. This judgment was entered January 30, 1901, and within thirty days thereafter the plaintiffs in that action tendered to Bunting the amount of…

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