Daniels v. Henderson

Citations

• 49 Cal. 242

Syllabus

<p>Effect of Foreclosure of Mortgage.—If one who has obtained a certificate of purchase from the State for a sixteenth or thirty-sixth section, conveys the same, and the grantee gives him a mortgage to secure the purchase-money, and he assigns the mortgage and debt to a third party who forecloses and obtains a sheriff’s deed, evidence of such facts tends to show that the right which was granted by the State by the certificate of purchase, had vested in the holder of the sheriff’s deed, and that he thereby became entitled to the possession of the premises.</p> <p>Judgment Denying Writ of Assistance as an Estoppel.—A judgment that a party who holds a sheriff’s deed, given under a foreclosure sale, is not entitled to a writ of assistance, as against one not a party to the foreclosure, does not estop the person against whom it was rendered from proving that he was entitled to the possession of the premises, in an action brought by the person in whose favor it was rendered for rents and profits while the former held a possession which he acquired under the writ, and until the order granting it Was reversed by the Supreme Court. Effect of Judgment of Foeeolosube.—The grantee of the mortgagor, who takes his conveyance after a lis pendens has been filed in a foreclosure suit, or who buys before the suit is commenced, but does not record his deed until after the suit is commenced, is bound by the judgment of foreclosure, although not made a party to the action.</p>