Brown v. Campbell

Citations

• 100 Cal. 635
• 35 P. 433
• 1893 Cal. LEXIS 845

Syllabus

<p>Action Against Nonbesident—Jurisdiction of Person—Judgment in Rem.—In an action against a nonresident for the recovery of money, when there has been no personal service of process on the defendant within tho state in which the action is pending, and no appearance therein by him, no judgment can be given, other than one in the nature of or having the effect of a judgment in rem, against such property of the nonresident as may have been specifically attached in the action.</p> <p>Attachment—Equitable Interest of Grantor of Trust Deed.—The right of a grantor under a trust deed to a reconveyance upon the payment of the indebtedness secured by the deed, or in case of default in its payment and a sale thereunder, to any surplus of the proceeds remaining after satisfaction of the debt so secured, constitutes an equitable interest in the land, which is subject to the lien of an attachment levied upon the land.</p> <p>Id.—Equity of Redemption—Lien of Attachment Upon Surplus.—If before the sale of an equity of redemption, either under a decree of foreclosure or under a power, a valid attachment is levied upon the equity of redemption, tho attachment is a lien upon the surplus proceeds, which are thereby subject to be applied upon execution to the satisfaction of a judgment in favor of the attaching creditor in the action in which the attachment is issued.</p> <p>Fraudulent Conveyance—Statute of Limitations—Rights of Creditor—Discovery of Fraud.—The statute of limitations does not begin to run against an action by a creditor to subject property fraudulently conveyed by the debtor, or the proceeds thereof, to the payment of an indebtedness due the creditor, until he has secured a judgment against the debtor upon which an execution may he issued; nor even then, if the creditor has not discovered the facts constituting the fraud.</p> <p>Id,—Foreign Judgment Creditor—Suit in This State.—One who obtains a judgment in another state is not a judgment creditor in this state within