Brackett v. Banegas
California Supreme Court
Appeal from an order of the Superior Court of San Diego County setting aside a judgment of foreclosure and sale thereunder, and allowing an amended and supplemental complaint to be filed; and from an order refusing to vacate such an order. The facts are stated in the opinion of the court.
1Opinion of the CourtHarrison, J.
The respondent filed his complaint against Manuel Banegas, the appellant, and J. W. Lucas, for the fore*625closure of a mortgage executed to him by said Manuel, and upon the default of Lucas, and the answer of Banegas, the cause was tried and judgment rendered in favor of the respondent March 9, 1891. Upon this judgment an order of sale was issued March 14th, and the mortgaged premises sold to the plaintiff for the amount of the judgment April 6, 1891, and the order of sale and judgment returned satisfied. On the 13th of April, 1892, upon the ex parte application of the plaintiff in said action,…
2Cases cited8 opinions
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