Lake

Lake v. Bonynge

Good Law
161 Cal. 120·1911 Cal. LEXIS 404·118 P. 535
Supreme Court of CaliforniaOctober 9, 1911L.A. No. 2662.California5,133 words

Opinion

Lead Opinion

Lorigan, J.

On March 20,1889, a certificate of purchase for six hundred and forty acres of land belonging to the state of California, located in Kern County, was issued by the state to S. Davis, after payment by him of twenty per cent of the purchase price, together with interest for the first year on the balance of the purchase price as required by law.

On August 25, 1892, an action was commenced in the superior court of Kern County by the People of the state of California against said S. Davis to obtain a decree and judgment foreclosing and annulling said certificate of purchase on account of the failure of the said Davis to pay the interest on the unpaid balance of the purchase price, which was payable January 1, 1892.

On December 27, 1892, a decree and judgment foreclosing and annulling said certificate of purchase and all rights of said Davis therein was entered.

No appeal was taken from said judgment and it became final on December 27, 1893.

At the time said action of foreclosure was commenced no assignment by Davis to any one of any interest in the said certificate of purchase had been filed with the registrar of the state land-office, nor has any ever been filed there.

On July…

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