Heyman v. Babcock
California Supreme Court
Appeal from the District Court, Twelfth Judicial., District, City and County of San Francisco. Ejectment to recover a lot of land in the City of San Francisco, lying in the angle formed by Centre and Valencia streets. Marcus Lowell, and Ellen, his wife, on the 4th day of December, 1855, executed to plaintiff a mortgage on the demanded premises. A judgment was rendered on the 15th day of September, 1856, foreclosing the mortgage and directing a sale of the mortgaged premises.
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Appeal from the District Court, Twelfth Judicial., District, City and County of San Francisco. Ejectment to recover a lot of land in the City of San Francisco, lying in the angle formed by Centre and Valencia streets. Marcus Lowell, and Ellen, his wife, on the 4th day of December, 1855, executed to plaintiff a mortgage on the demanded premises. A judgment was rendered on the 15th day of September, 1856, foreclosing the mortgage and directing a sale of the mortgaged premises. On the trial the plaintiff offered in evidence a Sheriff’s deed of the demanded premises, which recited that an order…
1Opinion of the Court
By the Court, Rhodes, J.:
The first question for consideration is whether it is necessary that an execution or order of sale issue to the Sheriff', to authorize him to make sale of the mortgaged premises under a decree of foreclosure and sale of the character of the one presented in this case. The only order respecting the sale *369contained in the decree, is that the mortgaged premises “ be sold according to law.” No directions are given as to the time, place, terms or manner of sale; nor is the duty of making the sale committed by the decree to the Sheriff.
The Sheriff does not bear such a…
2Cited by11 opinions
- Laubisch v. RoberdoCalifornia Supreme Court · 1954
- Tregear v. Etiwanda Water Co.California Supreme Court · 1888
- Southern California Lumber Co. v. Ocean Beach Hotel Co.California Supreme Court · 1892
- Withington v. ShayCalifornia Court of Appeal · 1941
- Meux v. TrezevantCalifornia Supreme Court · 1901
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