4 Cal. 196 | Cal. | 1854
delivered the opinion of the Court.
The statute regulating Sheriff’s sales of real estate does
This view of the question determines, that the action in this case was prematurely begun. The defendant, for aught that can be known to the contrary, would have surrendered possession at the time the plaintiff became entitled to it. The Court was correct in granting a nonsuit.
Judgment affirmed.