City of San Francisco v. Lawton

Citations

• 21 Cal. 589

Syllabus

<p>Where some of the parties, defendants in an action to foreclose a mortgage, claim the property adversely to the mortgagor under paramount title, the decree should reserve their rights, not simply by a declaration that their rights are reserved, but by so limiting the relief awarded as to protect them.</p> <p>Where defendants thus claiming adversely are in possession, a decree directing upon the sale (redemption not being made) a conveyance of the fee and a delivery of possession to the purchaser, and conferring upon him, until redemption made, the right to recover the rents, issues, and profits of the land, is erroneous. In such case the decree must be limited to a sale of the rights and interests which the mortgagor possessed at the date of his mortgage, leaving the purchaser to assert his right to the possession, after receiving his conveyance, by the ordinary action of ejectment.</p>