Blondeau v. Snyder

Citations

• 95 Cal. 521
• 31 P. 591
• 1892 Cal. LEXIS 859

Syllabus

<p>Foreclosure of Mortgage— Default Judgment against Subsequent Purchaser — Insufficient Pleading — Validity of Judgment — Limitation of Attack — Striking out. —In an action for the foreclosure of a mortgage against the mortgagor and a subsequent purchaser of the mortgaged property, where the prayer of the complaint was for a foreclosure of the mortgage and a sale of the property, and that the proceeds be applied to the payment of the money due thereunder and for costs, and asked for a deficiency judgment, and the summons followed the prayer of the complaint, and gave notice that the action was brought to obtain a decree of foreclosure of the mortgage and for a sale of the premises, and if the proceeds of the sale were insufficient, to obtain a judgment against the defendants for the balance due, and that upon their default the plaintiff would apply to the court for the relief demanded, and the action was dismissed as to the mortgagor, and a default judgment rendered against the subsequent purchaser for the amount due under the mortgage, such judgment is not void, although the complaint did not state facts showing any personal liability upon the part'of the subsequent purchaser; but the error is one which should have been corrected upon appeal, or upon a proper showing by motion made within the time limited by section 473 of the Code of Givil Procedure, and cannot be stricken out after the lapse of the timé.</p>