Henderson v. McTucker
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of San Joaquin. The appeal is taken by Barton Daniels, from an order granting a writ of assistance and an order refusing to set aside such writ. The plaintiff Henderson, in an action against Nathaniel McTucker, obtained a decree of foreclosure May 18th, 1871, under which, at the Sheriff’s sale, he purchased the land.
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Appeal from the District Court of the Fifth Judicial District, County of San Joaquin. The appeal is taken by Barton Daniels, from an order granting a writ of assistance and an order refusing to set aside such writ. The plaintiff Henderson, in an action against Nathaniel McTucker, obtained a decree of foreclosure May 18th, 1871, under which, at the Sheriff’s sale, he purchased the land. After the six months time allowed for redemption had elapsed he obtained a deed from the Sheriff, and on the 22d of October, 1872, procured an order granting a writ of assistance to place him in possession.…
1Opinion of the Court
By the Court:
The defendant ¡Nathaniel McTucker held no greater interest in the premises at the time of the foreclosure of the mortgage than the mortgager had at its execution, and that interest was such as accrued by virtue of the certificates of *650purchase. The patents for the lands were issued to other parties—those under whom Daniels entered upon the premises. The question1 as to whether the plaintiff is entitled to the benefit of those patents as against the patentees and the holders of the second mortgage, is one which might be determined by a Court of equity, and, indeed, is peculiarly of…
2Cited by6 opinions
- Stanley v. SullivanWisconsin Supreme Court · 1888
- Langley v. VollCalifornia Supreme Court · 1880
- Asher v. CoxArizona Supreme Court · 1886
- Daniels v. HendersonCalifornia Supreme Court · 1874
- Enos v. CookCalifornia Supreme Court · 1884
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