Opinion
Rehearing Granted 4 Cal. 349 at 351.
Appeal from the Tenth Judicial District.
COUNSEL
F. J. Dunn, for Appellant.
Bryan & Field, for Respondent.
JUDGES: Mr. Ch. J. Murray delivered the opinion of the Court. Mr. J. Heydenfeldt concurred.
OPINION
MURRAY, Judge
On a re-argument of this case, Mr. J. Heydenfeldt delivered the opinion of the Court. Mr. Ch. J. Murray and Mr. J. Wells concurred.
The plaintiff's purchase at Sheriff's sale gave him the rights in the land of the defendants, Hackney and McCullough, and nothing more.
If the purchase money, at Sheriff's sale, satisfied the claim of Sutter, it made the purchase more valuable to the purchaser, because then Sutter's claim was paid, and his lien gone; otherwise his lien would still remain.
The complainant could not buy at Sheriff's sale a mortgage; that is only a security for a debt. He could only have bought the equity of redemption.
Our attention has been called to a stipulation between the parties. We have examined it, but cannot see that it can have any effect under the views we have taken.
The judgment is reversed, and as the bill has no equity, it must be dismissed.