47 Cal. 147 | Cal. | 1873
The plaintiff was the owner of only the undivided seven twenty-fourths of the block bounded by TJ and Y, and
The Court found that the land had been conveyed by the Sheriff to Kenney, that the title still remained in him, and had not been incumbered by him. That finding will estop all the defendants in any future litigation which may arise. It was therefore proper that Kenney should convey to the plaintiff the title to the lands of the plaintiff, which he— Kenney—had acquired by virtue of the Sheriff’s sale and deed, and there is no other mode in which the redemption could be effected. A decree that the plaintiff is entitled to redeem his lands, or declaring that the Sheriff’s deed shall not operate as a conveyance of the plaintiff’s interest, would be no more effectual than Kenney’s deed; and it would not bind persons not. parties to the suit, who may have acquired titles to or liens upon the plaintiff’s interest in the lands while held by Kenney.
Judgment affirmed.