Fowler v. Harbin

This is an action to foreclose a mortgage. A decree was originally rendered against the mortgagor alone, and the property was purchased at the sale under the decree by one Boggs, who, having discovered that the mortgagee had conveyed the premises to other persons before the commencement of the foreclosure suit, brought an action against the plaintiffs to recover back the purchase money paid by him. That action came before this Court on appeal, and will be found reported under the name of Boggs v. Hargrave (16 Cal. 559), in which it was held that he had no right of .action. Boggs then applied…