Cooper

Cooper v. Shepardson

Good Law
51 Cal. 298
Supreme Court of CaliforniaJuly 1, 1876No. 5137California157 words

lead Opinion

Wallace, J.

speaking for the Court, said:

The redemption is effected by the payment of the money, and the taking of the receipt. It then becomes the duty of the treasurer to report the receipt of the money. In this instance the required report would have shown that Mr. Cooper was the owner of that much money in his hands. The redemption actually effected rvould, of course, defeat the déed. The deed is only prima facie evidence that no redemption was made. The defendant was at liberty to prove the fact of redemption to defeat the deed, though the deed was valid on its face and in the absence of such countervailing proof.

The result is that the judgment and order denying a new trial must be reversed, and the cause remanded.

But we do not direct judgment to be entered for the defendant. It may be that upon a new trial a different case will be made out.