Harris v. Foster

97 Cal. 292, 32 P. 246 (1893)

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Harris v. Foster

California Supreme Court
97 Cal. 292, 32 P. 246 (1893)

Facts

L. D. Stone and his daughter, Harriet, each owned an undivided one-half interest in a ranch. Stone mortgaged his one-half interest to William Harris (plaintiff). Stone later defaulted on his mortgage. Harris recorded notice of foreclosure proceedings in January 1890. In September 1890, Marion Foster (defendant), who was fully aware of the foreclosure proceedings, entered into a lease agreement with Harriet and Stone. Under the lease, Foster could use and possess two plots of land on the ranch for the purpose of grazing his livestock. The lease’s term was until April 1891, and Foster prepaid the entire total rent to Harriet and Stone upon forming the lease. The foreclosure sale to Harris for Stone’s one-half interest in the ranch was completed in early October 1890. Stone failed to redeem the property after the sale. Harris received a deed for his one-half interest in the ranch in April 1891. Harris then sued Foster for one-half of the rent under Foster’s lease for the period between the foreclosure sale and the end of the lease. The trial court ruled in favor of Harris, and Foster appealed.

Rule of Law

Issue

Holding and Reasoning (De Haven, J.)

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