Hershey v. Dennis
Cases that cite this one
6 later published cases cite this decision.
- Leet v. Armbruster (Cal. 1904)
- Kelley v. Clark (Idaho 1912)
- Black v. Gerichten (Cal. 1881)
- Kinsmith Financial Corp. v. Gilroy (Cal. Ct. App. 2003)
- Sterling Realty Co. v. Relfe (Cal. 1942)
- California Fruit Transp. Co. v. Anderson (U.S. Circuit Court for the District of Northern California 1897)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Assuming, for the purposes of this case, that Barrett had a lien by virtue of the docketed deficiency arising from the mortgage sale, except for the homestead, it is plain that no such lien could attach after the declaration of homestead.
Barrett, therefore, occupied no such relation to the property or parties as authorized him to redeem from the 'purchaser at the mortgage sale; and Dennis, the purchaser, acquired no right as redemptioner by reason of a re-assignment from Barrett.
It follows that the mortgagor or his grantee could redeem from Dennis on payment of the amount of his bid and costs; etc. The plaintiff having tendered a sufficient sum to redeem, the Sheriff had no power to execute a conveyance to the defendant Dennis.
Judgment and order reversed, and cause remanded for a new trial.
Mr. Justice Crocker did not express an opinion in this case.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.