Batchelder v. Brickell

Citations

• 75 Cal. 373
• 17 P. 441
• 1888 Cal. LEXIS 552

Syllabus

<p>Mortgage—Decree of Foreclosure—Personal Judgment for Deficiency — Appeal — Modification — Sale Pending Appeal. — Where a decree for the foreclosure of a mortgage, which contains the usual provision for entering a personal judgment against the defendants in the foreclosure suit for any deficiency there might he after the sale, is on appeal directed to be so modified that no personal judgment shall be entered against a certain defendant, and in other respects is affirmed, the judgment of the supreme court does not have the effect to vacate the judgment of the lower court, or to render void a sale of the mortgaged premises made pending the appeal.</p>