Bonney v. Tilley

Citations

• 123 Cal. 126
• 55 P. 801
• 1898 Cal. LEXIS 995

Syllabus

<p>Execution Sales—Motion to Vacate—Collateral Suit.—In an action brought to have two judgment liens in favor of the plaintiff declared a prior lien to that of two judgments in favor of the defendant, which were not directly appealed from, a motion will not lie to set aside execution sales under the defendant’s judgments, and to vacate the certificates and deeds executed to the defendant. The plaintiff in such collateral suit cannot, by motion, have greater relief than that sought by the complaint.</p> <p>Id.—Laches of Moving Party—Failure to Redeem—Satisfaction of Judgments.— An execution sale cannot be set aside on motion made fifteen months after the sale, and after the moving party has lost his right of redemption from the sale under a lien adjudged to be prior to his own; nor can a motion be entertained where the moving party has himself by execution sales satisfied the judgments under which he claims the right to make the motion.</p>