gno.law

Vandyke v. Herman

California Supreme Court · · 1853-10-15 · Published · 3 Cal. 295

VANDYKE v. HERMAN and BARTON

Area
civil
Panel
Solomon Heydenfeldt (author)

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion — Heydenfeldt

Heydenfeldt, Justice, delivered the opinion of the court. Wells, Justice, concurred.

The 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.

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

The judgment reversed.

Cited by