Duprey v. Moran

Decided April 15, 1854

California Supreme Court · decided 1854-04-15

An action of ejectment was commenced the 5th of February, 1853, for a lot in the City of San Francisco. The plaintiff introduced evidence to show that the lot in question had been bought by the defendant Duprey, on the 13th of April, 1850, during the time of his marriage with the plaintiff; that they had since been divorced upon her application.

Good law ✅— No negative treatment on recordhow we know

Decided 1854-04-15

How this case has been cited

Cited by 5 later decisions — most recently December 1928

5 state decisions

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.

View the full empirical analysis of this case →

Mr. Justice Heydeneeldt

¶1delivered the opinion of the Court.

Mr. Ch, J. Murray concurred.

¶2The statute regulating Sheriff’s sales of real estate does *197not design to invest a purchaser with title until six months after the expiration of the sale, the time allowed for a redemption by the judgment debtor or his creditors. This is made very clear, not only from the fact that no conveyance can be executed by the Sheriff until the expiration of the time mentioned, but also from the provision in [197] section 235, which furnishes a remedy * for the purchaser against waste which may be committed pending the period allowed for redemption.

¶3This view of the question determines, that the action in this case was prematurely begun. The defendant, for aught that can be known to the contrary, would have surrendered possession at the time the plaintiff became entitled to it. The Court was correct in granting a nonsuit.

¶4Judgment affirmed.