Englund v. Lewis

Citations

• 25 Cal. 337
• 1864 Cal. LEXIS 43

Syllabus

<p>Lien of Judgment pending Appeal.—Where an appeal has been taken, and a bond sufficient to stay proceedings upon the judgment pending the appeal has been given, the lien of the judgment upon the real estate of the judgment debtor in the county where the same was docketed, owned by him at the date of the docketing of the judgment, or subsequently acquired, until the lien expires, remains a valid and subsisting lien until the end of two years from and after the date of the remittitur from the Supreme Court.</p> <p>Judgment in Foreclosure Cases.—In foreclosure cases, a formal judgment in personam may be rendered against the defendant for the amount found due, with a provision for its enforcement against the property upon which the lien is established, or a judgment may be rendered in accordance with the old chancery practice, enforcing the lien and directing a sale of the property upon which it is established.</p> <p>Stay of Proceedings on Appeal.—If, in foreclosure cases, a judgment in personam is rendered against the defendants, and also one enforcing the lien, and an appeal is taken from the whole judgment in order to stay proceedings upon the whole judgment, the appellant must give an undertaking for costs, one in double the amount of the personal judgment, and one for the payment of waste and such deficiency as may remain due after the sale of the property, and all these undertakings may be in one instrument, or several, at the option of the appellant.</p> <p>Same.—In such cases, if the undertaking is given only for costs, and waste and deficiency, an execution on the personal judgment is not stayed pending the appeal ,* and if the undertaking is given only for costs and double the amount of the personal judgment, an execution for the sale of the property upon which the lien is foreclosed is not stayed pending the appeal.</p> <p>Form of Undertaking- on Appeal.—When the judgment is for the enforcement of a lien and a sale of the property, the undertaking to stay