Enos v. Cook

Citations

• 65 Cal. 175
• 3 P. 632
• 1884 Cal. LEXIS 484

Syllabus

<p>Ejectment—Evidence.—Where a plaintiff in ejectment, claiming as assignee of a lease, has made prima facie proof of his right to recover the demanded premises, a defendant claiming under a mortgage foreclosure sale must show affirmatively that the plaintiff or his assignee was barred by the decree of foreclosure.</p> <p>Lease—Assignment—Mortgage Priority__Where a lease for a term of years has been duly recorded, and afterwards assigned, it has priority over a mortgage executed subsequent to the recording of the lease, although the assignment was made after a decree foreclosing the mortgage.</p> <p>Writ of Assistance.—The legal or equitable rights o. persons not parties to a foreclosure suit cannot be adjudicated upon application for a writ of assistance.</p>