Leviston v. Swan
California Supreme Court
Appeal from the District Court, Seventh Judicial District, Solano County. This, is an appeal from an order made after final judgment, directing the docketing of a judgment for a deficiency arising upon a Sheriff’s sale of mortgaged premises under a decree rendered' in the original cause of George Leviston v. Thomas M. Swan, G. W. McMurtry and Edward Me Gary.
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Appeal from the District Court, Seventh Judicial District, Solano County. This, is an appeal from an order made after final judgment, directing the docketing of a judgment for a deficiency arising upon a Sheriff’s sale of mortgaged premises under a decree rendered' in the original cause of George Leviston v. Thomas M. Swan, G. W. McMurtry and Edward Me Gary. On the 24th April, 1864, the plaintiff filed his complaint for the foreclosure of a mortgage, in which, among other things, it was averred that defendants Swan and McMurtry, who had made the mortgage, were personally liable for the debt,…
1Opinion of the Court
By the Court, Sandebson, J.:
The judgment is in conformity with the old chancery practice rather than the system which prevails in this State. All that portion relating to the report of the Sheriff—the confirmation of the sale—who may purchase—the rights of the purchaser pending the time allowed for redemption— the conveyance of the mortgaged premises in case no redemption shall have been made—the delivery of the possession to the purchaser after he has obtained his deed—■ the mode and place of sale and the docketing of the judgment for any deficiency that may be found to exist after the sale,…
2Cited by24 opinions
- Sichler v. LookCalifornia Supreme Court · 1892
- Frank McCleary Cattle Company v. SewellNevada Supreme Court · 1957
- Thomson v. L. C. Roney & Co.California Court of Appeal · 1952
- Mirabito v. San Francisco Dairy Co.California Court of Appeal · 1935
- Estate of WillardCalifornia Supreme Court · 1903
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