Lichty

Max M. Lichty appeals from a declaratory relief judgment denying, in effect, his claim of ownership to real property.

In September 1963, Richard Adams’ assignor, Russell Coon, a judgment creditor of Myra Stall, levied upon and purchased at sheriff’s sale Stall’s real property. In May 1964, Southern Adjustment Bureau (Southern) filed an action against Stall, served process by publication, and attached the land sold at the sheriff’s sale to Coon. Southern’s affidavit for order for publication of summons, signed by Southern’s president, Max M. Lichty, declared Lichty, although having used due diligence, could not find Stall in this state or elsewhere. The order for publication recites “Stall is not within the State of California. ’ ’ Southern informed Coon it would not execute upon the attached land; obtained a default judgment of $190.62 ($113.55 plus interest and costs) ; and assigned the judgment to Lichty. Lichty recorded the judgment and on August 17, 1964, delivered to the sheriff a letter reciting: “I hereby redeem from said execution sale and do hereby offer and tender you the amount ... [to] which the purchaser may be entitled by statute.

“Kindly inform me of the exact…