Clark v. Boyreau

Citations

• 14 Cal. 634

Syllabus

<p>Where a defendant, in ejectment brought upon a Sheriff’s deed executed upon a purchase made on a sale under a decree of foreclosure, was also a party to the foreclosure suit, he is concluded by the decree from setting up a title which was in that suit adjudicated against him.</p> <p>The damages which a plaintiff can recover in an action of ejectment for the use and occupation of the premises, are such as arise subsequent to the accruing of Ms right of possession; and, when Ms right depends upon a Sheriff’s deed, he cannot recover, in this form of action, for the use and occupation for the six months intervening the sale and the execution of the deed.</p> <p>After a judgment has been rendered by the Supreme Court, a material modification of such judgment should not be made upon a petition for rehearing—the rehearing should first be granted.</p>