gno.law

Tyler v. Decker

California Supreme Court · · 1858-07-01 · Published · 10 Cal. 435

TYLER v. DECKERs.

Area
civil
Panel
Lawrence F. Terry (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 — Terry

Terry, C. J., delivered the opinion of the Court Baldwin, J., concurring.

Defendants, in December, 1857, purchased a lot at sheriff's sale. Soon after, they entered into possession and erected certain buildings, which remained on the lot until the 25th of May, 1858, when they were removed by defendants.

On the 25th of May, 1858, the defendants in execution sold the premises to plaintiff, and a day or two afterwards, tendered to defendants in this action the money necessary to redeem the lot, which was accepted by them.

This suit was instituted to recover the value of the buildings removed by defendants, previous to the redemption. The Court below entered a judgment of nonsuit, from which plaintiff appeals.

There was no error in the judgment. It nowhere appears in the record that the buildings in question were ever annexed to the soil. They appear to have been mere temporary structures placed upon the lot by the party in possession, and removed by him before his possession terminated.

Judgment affirmed.