Aldrich v. Stephens

Citations

• 49 Cal. 676

Syllabus

<p>Foreclosure oe Mortgage.—If the mortgagor, after the execution of the mortgage, makes a conveyance of the mortgaged property, and the conveyance is not recorded before foreclosure proceedings are commenced, the grantee need not be made a party defendant, and a judgment against the mortgagor is conclusive against such grantee.</p> <p>Idem.—If the mortgagor, after the execution of the mortgage, makes a conveyance of the mortgaged property, and the mortgage is foreclosed in an action in which summons is served on the mortgagor alone, the plaintiff cannot obtain relief by bringing a new action against the mortgagor and grantee, but must seek relief by motion in the original action.</p>