Jordan

Jordan v. Hopkins (In re Jordan)

Good Law
13 B.R. 401·1981 Bankr. LEXIS 3086
United States Bankruptcy Court, Central District of CaliforniaAugust 25, 1981Bankruptcy No. LA 80-04329-JD; Adv. No. 80-1225-JDCalifornia2,959 words

Opinion

Lead Opinion

Dooley, J.

MEMORANDUM OF DECISION

In this case the court is called upon to resolve a dispute as to the title to certain real property located at 15456 and 15460 Ventura Blvd., Sherman Oaks, California (hereinafter the “property”). The plaintiff, Paul Jordan (“Jordan”), acquired title to the property during 1969 and 1970, and, except for the effect of certain execution sales of the property during 1978 and re-demptions from these sales during 1978 and 1979, would have remained the owner of the property. The defendant, Richard R. Hopkins (“Hopkins”), claims title to the property by virtue of his having redeemed the property from an execution sale held on May 24, 1978 to satisfy a judgment of San Lorenzo Nursery. Two principal questions are presented to the court for decision:

1. Does Hopkins hold title to the property as a matter of law?

2. If Hopkins holds title to the property as a matter of law, is Jordan entitled to redeem the property under the principles of equitable redemption?

For the reasons which follow, the court answers both of the foregoing questions in the affirmative.

FACTS

Jordan acquired title to the property during 1969 and 1970. 1 The property is subject to deeds of…

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