H. Newmark & Co. v. Chapman
California Supreme Court
Appeal from the District Court of the Seventeenth Judicial District, County of Los Angeles. The proceeding below was a petition for a writ of assistance. M. J. Newmark filed an affidavit to the effect that on September 10th, 1875, F. P. F. Temple was the owner of Temple Block; that to secure an indebtedness to one Alexander Weill, he (Temple) mortgaged the block, and the mortgage was subsequently duly foreclosed.
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Appeal from the District Court of the Seventeenth Judicial District, County of Los Angeles. The proceeding below was a petition for a writ of assistance. M. J. Newmark filed an affidavit to the effect that on September 10th, 1875, F. P. F. Temple was the owner of Temple Block; that to secure an indebtedness to one Alexander Weill, he (Temple) mortgaged the block, and the mortgage was subsequently duly foreclosed. Counsel for Weill requested the Clerk of the Court to certify a copy of the foreclosure decree, for the purpose of placing it in the Sheriff’s hands and having the latter officer…
1Opinion of the Court
By the Coubt :
The process under which the mortgaged property was sold was only a copy of the judgment issued and attested by the Clerk. It did not conform to secs. 682 and 684 of the Code of Civil Procedure, as it did not purport to have been issued in the name of the People, nor was it directed to the Sheriff, nor did it direct him to execute the judgment. Process of that kind was regarded *559as regular in foreclosure cases under the Practice Act, (Heyman v. Babcock, 30 Cal. 367) and it would be so regarded up to the time of the adoption of an amendment to sec. 684 in 1874. By that amendment it…
2Cases cited2 opinions
- Hunt v. LoucksCalifornia Supreme Court · 1869
- Heyman v. BabcockCalifornia Supreme Court · 1866
3Cited by9 opinions
- Laubisch v. RoberdoCalifornia Supreme Court · 1954
- Thomas v. ThomasMontana Supreme Court · 1911
- Hogan v. HorsfallCalifornia Court of Appeal · 1928
- Hager v. AstorgCalifornia Supreme Court · 1904
- Hibernia Savings & Loan Society v. LewisCalifornia Supreme Court · 1897
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