Heppe v. Johnson

Belcher, C. C.

On the twenty-first day of February, 1873, a decree of foreclosure was entered in the District Court in and for Sacramento County, in favor of Nicholas Schadt against William Nicholas Heppe, administrator of the estate of Jacob Heppe, deceased, and others. This decree, among other things, provided:—

“ That if there be any surplus after the payment of the moneys due plaintiff, with interest, attorneys’ fees, costs, and accruing costs, that such surplus be paid into court, to be disposed of under the order of the court to the persons entitled thereto.”

In pursuance of the decree,…