Ketchum v. Crippen

By the Court, Sawyer, C. J.:

One Eastman held a mortgage on land in Mariposa County, and the plaintiffs held two subsequent mortgages on the same land. Eastman brought an action to foreclose his mortgage, making plaintiffs parties to the suit, as holders of the subsequent mortgages, and obtained a judgment and order of sale. Defendant Crippen, as Sheriff of Mariposa County, was proceeding to sell upon process issued on said judgment, when plaintiffs, claiming the right as holders of the subsequent mortgages, tendered to him the full amount of the judgment and costs, and also made a tender to…