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3 Cal. 295

Vandyke v. Herman

California Supreme Court

Decided October 15, 1853

California Supreme Court · decided 1853-10-15

This case was founded on a motion for a mandamus to compel the execution of a sheriff’s deed.

Good law ✅— No negative treatment on recordhow we know

Decided 1853-10-15

How this case has been cited

Cited by 4 later decisions — most recently April 1915

3 state decisions

201853186018701880189019001910decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Heydenfeldt, Justice,

¶1delivered the opinion of the court. Wells, Justice, concurred.

¶2The sum paid to the sheriff to redeem the land, was insufficient for that object. The whole amount of Vandyke’s judgment, with interest, should have been paid. The language of the statute is explicit. If the interpretation insisted upon by the respondents, be correct, that by the purchase of the property, the lien of the creditor purchasing, is gone, even for the purpose of a redemption, then the statute would have no meaning whatever.

¶3The legal rules of construction are opposed to such a theory, and require effect to be given to statutes even of doubtful meaning.

¶4The judgment reversed.

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