Hopkins v. Wiard
California Supreme Court
Appeal from an order of the Superior Court of Alameda County setting aside an execution sale. The mortgage in question covered several adjoining tracts of land, which the judgment directed to be sold as a whole and in one parcel. The sale was set aside at the instance of a judgment creditor of the mortgagor. The plaintiff and the purchaser at the sale each appealed from the order. The further facts are stated in the opinion of the court.
1Opinion of the CourtSharpstein, J.
This is an appeal from an order setting aside a sale made by virtue of a judgment and order of sale in an action to foreclose a mortgage executed by the defendant to the plaintiff.
There is nothing in the record which tends in any degree to impeach the fairness of the sale; and it appears that the purchaser paid to the sheriff the sum bid for the premises, and that the sheriff paid it to the plaintiff.
Respondents’ counsel says that the “decree is satisfied of record, its authority is dead, it is not now a lien upon said premises.” This is claimed to result from the sale which has been set…
2Cases cited4 opinions
- Cord v. SouthwellWisconsin Supreme Court · 1862
- Smith v. RandallCalifornia Supreme Court · 1856
- Heyman v. BabcockCalifornia Supreme Court · 1866
- Babcock v. PerryWisconsin Supreme Court · 1859
3Cited by10 opinions
- Bechtel v. WierCalifornia Supreme Court · 1907
- Bank of Sonoma County v. CharlesCalifornia Supreme Court · 1890
- Connick v. HillCalifornia Supreme Court · 1899
- Meux v. TrezevantCalifornia Supreme Court · 1901
- Colver v. W. B. Scarborough Co.California Court of Appeal · 1925
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