Spence v. Scott
California Supreme Court
Application to stay execution upon appeal from a judgment of the Superior Court of the county of Los Angeles foreclosing a mortgage. The facts are stated in the opinion of the court.
1Opinion of the Court
The Court.
This cause is now before us upon the application of appellant Kowalsky for an order restraining the sheriff of Los Angeles County from executing a deed to respondent, pursuant to a foreclosure sale, upon the ground that said Kowalsky has appealed to this court from the judgment of foreclosure, and has executed an undertaking on appeal which stays all proceedings. A temporary order was made, so restraining the sheriff *153pending the hearing and determination of the application.
It appears now that the decree of foreclosure included a deficiency judgment, and that the undertaking on…
2Cases cited3 opinions
- Robles v. ClarkeCalifornia Supreme Court · 1864
- Johnson v. KingCalifornia Supreme Court · 1891
- Home Loan Ass'n v. WilkinsCalifornia Supreme Court · 1883
3Cited by2 opinions
- Gutzeit v. PennieCalifornia Supreme Court · 1893
- Sheffer v. GriffithsUtah Supreme Court · 1927