Horn v. Volcano Water Co.
California Supreme Court
Appeal from the Sixteenth District. Horn, plaintiff, brought suit to foreclose a mortgage executed by defendants on their water ditch, and in due time obtained a decree for the sale of the ditch, and the application of the proceeds to his claim and to a mortgage of one Barney, a defendant. At the Sheriff’s sale under this decree, Horn and Barney became the purchasers, and, after the time for redemption had expired, received the-Sheriff’s deed.
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Appeal from the Sixteenth District. Horn, plaintiff, brought suit to foreclose a mortgage executed by defendants on their water ditch, and in due time obtained a decree for the sale of the ditch, and the application of the proceeds to his claim and to a mortgage of one Barney, a defendant. At the Sheriff’s sale under this decree, Horn and Barney became the purchasers, and, after the time for redemption had expired, received the-Sheriff’s deed. Upon affidavits by Horn and Barney, showing the execution of the mortgage, the foreclosure proceedings, filing notice of Us pendens, the decree, sale,…
1Opinion of the CourtBaldwin, J.
Field C. J. concurring.
1. In this case it seems from the record that sundry proceedings were taken in the Court below, originating in an order for a writ of assistance, and also in other orders of the Court refusing to set aside and restore the plaintiffs in the motion to the possession, of which they had been deprived by the execution of the first order. The notice of appeal recites that the plaintiffs will appeal from all these orders; but the undertaking only stipulates to answer for the consequences of an appeal from the order granting the writ of assistance. Of course we can only…
2Cited by4 opinions
- Sharon v. SharonCalifornia Supreme Court · 1885
- Corcoran v. CarrauWashington Supreme Court · 1905
- McCoy v. OldhamIdaho Supreme Court · 1873
- Cook v. Oregon Short Line & Utah Northern Railway Co.Utah Supreme Court · 1891