Odd Fellows' Sav. & Commercial Bank v. Harrigan

California Supreme Court
Odd Fellows' Sav. & Commercial Bank v. Harrigan, 53 Cal. 229 (Cal. 1878)
1878 Cal. LEXIS 118

Odd Fellows' Sav. & Commercial Bank v. Harrigan

Opinion of the Court

By the Court :

Whatever may be the correct interpretation of the decree as originally rendered, so far as the right of the appellant to redeem is involved, it appears that the commissioners subsequently *230reported to the Court that they had delivered a deed to the purchaser upon making the sale.

This action of the commissioners was thereupon approved by the Court below, and an order was entered, confirming their proceedings. From this order no appeal appears to have been taken, and we think that the effect of the order of confirmation, irrespective of the language of the .decree, was to deny the right of the appellant to redeem from the sale.

Order affirmed. Bemittitur forthwith.

Reference

Full Case Name
ODD FELLOWS' SAVINGS AND COMMERCIAL BANK v. MARGARET HARRIGAN
Status
Published
Syllabus
Tikjst Deed—Eight to Bedeeii.—'Where, under a decree of Court, the trustees of a trust deed sell the land held in trust, and they deliver the deed therefor to the purchaser, reporting these facts to the Court, which then makes an order confirming the acts of the trustees, and no appeal is taken from the order, it has the effect to deny the right to redeem.