Walker v. McCusker

Belcher, C. C.

Franklin McCusker executed a mortgage upon certain real property to the Bank of Watson-ville. The money being unpaid, the bank foreclosed its mortgage, making, the defendant a party to the action, and under the decree obtained, caused the mortgaged property to be sold. The plaintiff was the purchaser at the sale, and in due time obtained a sheriff’s deed. The purchase was, however, not made for himself, but at the request and for the sole use and benefit of the bank. At the time of the sale, defendant was the owner in fee and in possession of the property, and she retained the…