Carpentier v. Williamson

Citations

• 25 Cal. 154

Syllabus

<p>Mortgage—Parties to Foreclosure of.—If the owner of land execute a mortgage on the same, which is duly recorded, and afterwards makes a conveyance of the mortgaged premises to a third party, and the mortgagee, after the conveyance, without actual notice of the deed, and before it is recorded, forecloses his mortgage and obtains a decree for a sale without making the grantee in the deed a party defendant, and before the sale the deed is recorded, the purchaser of the mortgaged premises at the Sheriff’s sale under the decree acquires no title.</p> <p>Evidence—When Sheriff’s Deed not Relevant.—In such case the mortgage, decree of sale, and Sheriff’s deed, are not relevant testimony to show title in the purchaser at the Sheriff’s sale, or out of the mortgagor’s grantee, or his assignee.</p> <p>Errors—What Reviewed on Appeal from Judgment.—On an appeal from a judgment, errors in the rulings of the Court helow, in the progress of the trial, are subject to review when the exceptions are preserved by bill of exceptions, or brought up in a statement on appeal.</p> <p>When New Trial, Statement used on Appeal from Judgment.—If a statement is made on a motion for a new trial, and an appeal is taken from the judgment under a stipulation that the statement on motion for new trial may be used as the statement on appeal, the statement may be used so far as it presents any question that can be reviewed on appeal from the judgment, but no further.</p> <p>Separate Appeals in same Action.—An appeal from a judgment, and from an order denying a new trial, may each he prosecuted separately in the same action, or the two appeals may he prosecuted together.</p> <p>Quitclaim ¡Deed—What it Conveys.—An ordinary quitclaim deed in this State is sufficient to pass any estate the grantor has at the time of its execution, and the grantee can maintain an action to recover the land on it, provided the grantor could have done the same.</p> <p>Review op Evidence on Appeal pnoar Judgment.—On appeal f