Davenport v. Turpin

Citations

• 41 Cal. 100

Syllabus

<p>Saxe on Foreclosure oe Mortgage.—If the mortgagor conveys the legal title to another person, whose deed is recorded before the decree of foreclosure is entered, and this grantee is not made a party to the suit foreclosing the mortgage, the purchaser at the Sheriff’s sale does not acquire the legal title.</p> <p>Mortgagee oe Laud iu Possession.—If the owner of a mortgage on an undivided interest in land is also the owner of another undivided interest in the same tract of land, his entry into possession of the whole tract does not constitute him a mortgagee in possession.</p>