Malone v. Roy
California Supreme Court
APPEAL from an. order of the Superior Court of Del Norte Gounty granting a writ of assistance to obtain possession of premises under a commissioner’s deed upon sale of mortgaged premises. F. A. Cutler, Judge. The facts are stated in the opinion.
1Opinion of the Court
HAYNES, C.
In 1888, the defendant, being indebted' to the plaintiff, executed to him a mortgage upon certain real estate to secure payment. In 1892, plaintiff brought an action to foreclose said mortgage, and on March 3,1898, obtained a decree of foreclosure, under which the commissioner sold the mortgaged premises to the plaintiff on April 2, 1898, and no redemption having been effected, the commissioner executed a deed to the plaintiff therefor on October 21,1898. Afterwards, upon plaintiff’s motion, the court entered an order granting the plaintiff a writ of assistance to obtain possession…
2Cases cited4 opinions
- Savings Bank of San Diego v. BarrettCalifornia Supreme Court · 1899
- Malone v. RoyCalifornia Supreme Court · 1895
- Malone v. RoyCalifornia Supreme Court · 1892
- Haynes v. TredwayCalifornia Supreme Court · 1901
3Cited by4 opinions
- Welsh v. CrossCalifornia Supreme Court · 1905
- First National Bank of Turtle Lake v. Bovey, Shute & Jackson, Inc.North Dakota Supreme Court · 1922
- Marshall v. RussellSupreme Court of Colorado · 1916
- Summers v. HammellCalifornia Court of Appeal · 1911