Frisbie v. Fogarty

Citations

• 34 Cal. 11

Syllabus

<p>Writ of Assistance.—If the decree in a foreclosure suit directs the sale of all the mortgaged premises, and forecloses and bars the equity of redemption of the defendants, and directs that the purchaser at the Sheriff’s sale be let into possession, the person who receives the Sheriff’s deed, after a sale, is entitled to a writ of assistance as against all the defendants who were served with process or appeared in the action.</p> <p>Idem.—The above rule prevails as against a defendant who is not mentioned in the decree by name, and also as against one whose name is not mentioned in the Sheriff’s deed.</p>