Raun v. Reynolds
California Supreme Court
Appeal from the Eleventh District. For the facts, see the opinion on the present appeal, and also the opinion rendered at the January Term, 1860. In addition to the decree of the Court below, as stated in the opinion herein, that Court, Feb. 22nd, 1860, ordered that all further proceedings, judicial or ministerial, for the collection or enforcement of the decree of foreclosure and sale made Feb. 11th, 1858, be enjoined, pending the reference to take the account of rents and…
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Appeal from the Eleventh District. For the facts, see the opinion on the present appeal, and also the opinion rendered at the January Term, 1860. In addition to the decree of the Court below, as stated in the opinion herein, that Court, Feb. 22nd, 1860, ordered that all further proceedings, judicial or ministerial, for the collection or enforcement of the decree of foreclosure and sale made Feb. 11th, 1858, be enjoined, pending the reference to take the account of rents and profits; and that plaintiffs show cause why the amount of such rents and profits received by them from time of sale to…
1Opinion of the CourtBaldwin, J.
Field, C. J. and Cope, J. concurring.
The history of this case and most of the facts upon which the questions rest, appear in the opinion rendered at the January Term, 1860. After the case had been returned to the District Court, the proceedings were taken which are the subjects of present review.
*468The original opinion and judgment of this Court affirmed the right of Kirk and Reynolds to claim that the sale made under the decree of foreclosure of the mortgage executed to Raun should be held for naught, and that they be restored to the property sold. The question as to rents and profits received…
2Cases cited1 opinion
- Cummings v. NoyesMassachusetts Supreme Judicial Court · 1813
3Cited by6 opinions
- Lineman v. SchmidCalifornia Supreme Court · 1948
- Murdock v. ClarkeCalifornia Supreme Court · 1891
- Raun v. ReynoldsCalifornia Supreme Court · 1861
- Lesny Development Co. v. KendallCalifornia Court of Appeal · 1985
- Eldridge v. BurnsCalifornia Court of Appeal · 1982
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