De Arnaz v. Jaynes

Citations

• 4 Cal. Unrep. 226
• 34 P. 223
• 1893 Cal. LEXIS 1030

Syllabus

<p>Appeal—Service of Notice.—In an Action to Foreclose a mortgage, the owners of two-thirds of the property alleged that plaintiff, as mortgagee, had been in possession and received certain rents and profits, and prayed for an accounting. A demurrer to this answer having been sustained, judgment was rendered against such owners, and they appealed. ' The owner of the other third interest consented to judgment for plaintiff, the latter having waived a deficiency judgment. The mortgage debt bore interest at eight per cent, and the judgment at seven. Held, that notice of appeal must be served on the owner of the one-third interest, since he would be injuriously affected by a reversal of the judgment.</p>