Smith v. Lorentzen
District Court, D. Alaska
Application to make permanent restraining order enjoining the defendants from causing to be issued or levied an execution against Smith, judgment debtor, and Havery, Anderson, and Capewell, sureties, in that certain action in this court numbered 594, and entitled Annie C. Lorentzen, Plaintiff, v. Julia Werner and W. G. Mogeau, Defendants. Restraining order continued in force until further order of court.
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Application to make permanent restraining order enjoining the defendants from causing to be issued or levied an execution against Smith, judgment debtor, and Havery, Anderson, and Capewell, sureties, in that certain action in this court numbered 594, and entitled Annie C. Lorentzen, Plaintiff, v. Julia Werner and W. G. Mogeau, Defendants. Restraining order continued in force until further order of court. On the 9th day of July, 1909, a complaint was filed in the above-entitled action, setting forth, among other things: That on or about the 17th day of April, 1907, the above-named defendant,…
1Opinion of the CourtLyons, District Judge
(after stating the facts as above). From the foregoing facts it is apparent- that there are three questions to be determined by this court in order to ascertain whether or not the plaintiff has a right to maintain the present action. The first and serious question is whether or not the purchaser at a judicial sale is liable to an accounting to the mortgagor or his successor in interest for rents, issues, and profits received between the date of sale and the date of redemption. (2) Conceding that the redemptioner is entitled to such an accounting from the purchaser at a judicial sale, is the…
2Cases cited11 opinions
- Spoor v. PhillipsSupreme Court of Alabama · 1855
- Parmer v. ParmerSupreme Court of Alabama · 1883
- Thompson v. LaughlinCalifornia Supreme Court · 1891
- Cartwright v. SavageOregon Supreme Court · 1875
- Hardy v. HerriottWashington Supreme Court · 1895
6 more not listed; retrieve them via the Exa API.