Central Pacific Railroad v. Creed

Citations

• 70 Cal. 497
• 11 P. 772
• 1886 Cal. LEXIS 828

Syllabus

<p>Judgment — Defects and Irregularities. —Mere defects or irregularities in the process or proceedings, against a party not objecting to them, do not affect the validity of a judgment in the case, or the rights of the parties to it; and a plaintiff in whose favor such a judgment is entered cannot question it.</p> <p>Foreclosure Sale—Setting aside—Inadequacy of Price.—A foreclosure sale will not be set aside for mere inadequacy in the price for which the property was sold.</p> <p>Id.—Surprise—Negligence—Offer to Return Purchase Price__ Such a sale, if fair and regular upon its face, will not be set aside on the ground of surprise, unless the party claiming to have been surprised was without fault or negligence, and promptly offered to return the purchase-money.</p> <p>Id.—Circumstances not Constituting Surprise.—The sale in question • was had on the 22d of December, 1884, under a judgment rendered in favor of the plaintiff on the 10th of October, 1884. The plaintiff knew of the time and place of sale, but neglected to give any instructions in reference thereto until the day preceding the sale, when it telegraphed to its agent and wrote the sheriff offering to purchase the property for the amount of the judgment and costs, and instructing them to make a bid to that effect at the sale. By reason of atmospheric conditions, neither the telegram nor letter was received by the parties to whom they were sent until after the sale. The sale was made to the respondent for a less price than that offered by the plaintiff. The plaintiff received the purchase-money, and kept it for five months, when, without offering to return the money, it moved to set aside the sale on the ground of surprise. Held, that the motion was properly denied.</p>