Legal Opinion

Black v. Gerichten

California Supreme Court

Decided July 1, 1881No. 7,276PublishedCited by 9 opinions

Appeal from a judgment on the defendant in the Eighteenth District Court, County of San Diego. McNealy, J. The judgment was on a demurrer to the complaint, which alleged that in an action by the Commercial Bank of San Diego against Wm.

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Appeal from a judgment on the defendant in the Eighteenth District Court, County of San Diego. McNealy, J. The judgment was on a demurrer to the complaint, which alleged that in an action by the Commercial Bank of San Diego against Wm. S. Gregg et al., the plaintiff and one Luce were made parties defendant, and filed a cross-complaint, setting up a junior mortgage and praying for its foreclosure; that under a decree in that case the land was sold, and the older mortgage satisfied; that the junior mortgage was partly satisfied, and a judgment docketed for the deficiency; that the land was…

1Opinion of the Court

Sharpstein, J.:

The only question that arises in this case is, whether a party who has foreclosed his mortgage, had the mortgaged premises sold, and docketed a judgment for the deficiency, is entitled to redeem the property so sold from one who has properly redeemed it, under a judgment lien, from the purchaser at the foreclosure sale. Whether such mortgage was foreclosed, in an action in which the mortgagee was plaintiff, or defendant, is immaterial, if in the latter case he filed a cross-complaint, and prayed a foreclosure of his mortgage.

It is quite clear that the plaintiff in this case had…

2Cases cited4 opinions

  1. Simpson v. CastleCalifornia Supreme Court · 1878
  2. Davenport v. TurpinCalifornia Supreme Court · 1872
  3. People ex rel. McKnight v. BeebeNew York Supreme Court · 1847
  4. Hershey v. DennisCalifornia Supreme Court · 1878

3Cited by9 opinions

  1. Horn v. Indianapolis National BankIndiana Supreme Court · 1890
  2. Stockton Savings & Loan Society v. HarroldCalifornia Supreme Court · 1900
  3. Camp v. LandCalifornia Supreme Court · 1898
  4. Western Land & Cattle Co. v. National BankArizona Supreme Court · 1925
  5. Burwell & Morford v. Seattle Plumbing Supply Co.Washington Supreme Court · 1942

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