Miller v. Richards
California Supreme Court
Motion to dismiss an appeal from an order of the Superior Court of Los Angeles County vacating a decree of foreclosure. The facts are stated in the opinion of the court.
1Opinion of the CourtBeatty, C. J.
J.— This is a motion by intervenor to dismiss the defendant’s appeal, upon the ground that the notice of appeal was not served upon him.
The facts are, that plaintiff obtained a decree of foreclosure upon a mortgage made by defendant, and the mortgaged premises were sold under the decree, plaintiff being the purchaser. The certificate of sale was assigned by plaintiff to the intervenor.
Before expiration of the time for redemption, it was discovered that the decree of foreclosure was ineffectual, by reason of the fact that a grantee of the mortgagor had not been made party to the suit.…
2Cited by17 opinions
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