Finger v. McCaughey

Citations

• 119 Cal. 59
• 51 P. 13
• 1897 Cal. LEXIS 846

Syllabus

<p>Foreclosure of Mortgage—Estate of Deceased Person—Parties—Administratrix—Heirs—Writ of Assistance to Purchaser.—In an action to foreclose a mortgage executed by a deceased person, it is sufficient to make the administratrix of his estate a party defendant, and the heirs of the mortgagor are not necessary parties to the action, nor is it necessary that the administratrix should be sued individually in order to bar her right of succession to the mortgaged premises; and the purchaser at the foreclosure sale, after receiving his deed, is entitled to a writ of assistance against the administratrix for possession of the premises, where her answer to the application for the writ fails to show that she claims the property or the possession thereof by any right or title adverse to that of her deceased husband, whose right was foreclosed in the action to which she as administratrix was a party.</p>