Cowell v. Buckelew

Citations

• 14 Cal. 640

Syllabus

<p>Whebe plaintiffs obtained a decree in a foreclosure suit against husband and wife, the mortgage being executed by them, and the decree being in the usual form, for the amount due, sale of the premises, application of the proceeds, and execution against the property of the husband for any deficiency; and after the entry of the decree the husband died; Held, that the plaintiffs were entitled to an order of sale upon the decree, notwithstanding the death of the husband, but not to execution for any deficiency.</p> <p>The decree binds the specific premises mortgaged, and the property passed into the hands of the executrix of the husband’s estate subject to its lien. She took only what remained after the lien was satisfied.</p> <p>The 141st Section of the Act relating to the estates of deceased persons, applies only to money judgments, or to such portions of other judgments as require for their satisfaction execution against the general property of the deceased.</p> <p>Belloc v. Rogers, (9 Cal. 127,) is authority only to the extent of its special concurrence.</p> <p>This Court will not issue a mandamus to the Clerks of the District Courts in the first instance. The action, or the refusal to act, of the Clerks, in suits pending in the several Courts of the State, can only be reviewed in this Court through the ruling—in relation to such action or refusal—of the Courts of which they are the ministerial officers.</p>