Jefferson v. Wendt

California Supreme Court July 1, 1877

Jefferson v. Wendt, 51 Cal. 573 (Cal. 1877)

Opinion of the Court

By the Court:

The court below held that the Statute of Limitations had operated a bar to the plaintiff’s claim. This was put upon the ground that in 1865 or 18.66 there was a delivery of the sheriff’s deed to the plaintiff. But it is apparent that no deed was delivered to the plaintiff until June, 1873, and the action was commenced in 1874. .

Judgment reversed and cause remanded for a new trial. Remittitur forthwith.

Reference

Full Case Name: GEORGE H. JEFFERSON v. GOTTLEIB WENDT and J. W. HOCHNER
Cited By: 12 cases
Status: Published
Syllabus: Deliveby of Shebiff’s Deed.—A sheriff’s deed takes effect from the time of its actual delivery, and the execution of the deed by the sheriff, and information given by him to the grantee that the deed is ready for him, do not amount to a delivery. Limitation of Actions.—The Statute of Limitations does not commence running against a purchaser of land at a sheriff’s sale until the sheriff’s deed has been delivered to the purchaser.