Clark v. Austin
California Supreme Court
Appeal from an order of the Superior Court of Fresno County denying a motion to order execution to issue in’ favor of a joint judgment debtor claiming contribution from another joint judgment debtor. The facts are stated in the opinion.
1Opinion of the Court
Vanclief, C.
— Action to foreclose a mortgage. The defendants Austin, E. K. Clarke, and Bruce Oavitt were jointly liable to the plaintiffs for the mortgage debt, but as between each other, Austin was bound to pay only one half, Clarke one third, and Oavitt one sixth. Before judgment, Clarke paid his portion, — one third of the debt, viz., $4,065,—and a decree, of foreclosure passed for the unpaid portion of the debt, ordering a sale of the mortgaged premises, and that a joint judgment be docketed against Austin, Clarke, and Oavitt for any deficiency of proceeds of sale to pay the debt. The…
2Cited by6 opinions
- Williams v. RiehlCalifornia Supreme Court · 1899
- Tucker v. NicholsonCalifornia Supreme Court · 1938
- Northwestern National Bank v. Great Falls Opera House Co.Montana Supreme Court · 1899
- Jans v. NelsonCalifornia Court of Appeal · 2000
- McIntosh v. FungeCalifornia Court of Appeal · 1932
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