Carpenter v. Hamilton

24 Cal. 2d 95 (1944)

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Carpenter v. Hamilton

California Supreme Court
24 Cal. 2d 95 (1944)

Facts

Margaret Carpenter (plaintiff) owned and occupied a piece of real property encumbered by a deed of trust in favor of Archibald Hamilton (defendant). Carpenter defaulted on the deed of trust, and the trustee held a judicial foreclosure sale. Hamilton purchased the property at the sale, subject to Carpenter’s right to redeem the property within one year after that sale. Carpenter retained possession of the property for that entire year. Carpenter did not redeem the property, and Hamilton successfully sued to gain possession of the property. Carpenter then sued to quiet title to the property. Hamilton countersued, seeking compensation for the rental value of Carpenter’s occupation of the property during the one-year redemption period. The trial court ruled in favor of Hamilton, and Carpenter appealed.

Rule of Law

Issue

Holding and Reasoning (Shenk, J.)

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