Green v. Clark

Citations

• 31 Cal. 591

Syllabus

<p>Finding of Facts.—If the Court makes a finding of facts upon some of the issues, and the appellant neither excepts to the finding as defective nor moves for a new trial, he cannot attack the finding either on the ground that it does not find all the facts in issue or is unsupported by the evidence.</p> <p>Effect of Deed on After-Acquired Title.—If the owner of land conveys the same by a deed of bargain and sale, and afterwards purchases the land at a Sheriff's sale made on the foreclosure of a mortgage given before his sale, the title he acquires by the purchase at Sheriff's sale immediately inures to the benefit of his grantee.</p> <p>Purchaser at Sheriff’s Sale.—The interest which a purchaser of land at Sheriff’s sale acquires by his purchase may be conveyed by him by deed at any time before the Sheriff’s deed is given.</p> <p>Conveyance of Title Acquired at Sheriff’s Sale.—If one purchases land upon which there is a mortgage given by his grantor, and the mortgage is afterwards foreclosed, and the grantor buys at Sheriff’s sale, and before a Sheriff’s deed is given quitclaims to his grantee, the quitclaim carries the interest acquired at the Sheriff’s sale and destroys the effect of the same, and if the Sheriff afterwards gives a deed to the purchaser the deed is void.</p> <p>Idem.—If one who has purchased land at Sheriff's sale quitclaims his interest in the same before a Sheriff's deed is given, the quitclaim is equivalent to an assignment of the Sheriff's certificate of sale.</p> <p>Purchase by Agent with Money of Principal.—If one acts as the agent of another, and uses his money in making a purchase of land at a Sheriff’s sale, but buys in his own name, the interest he acquires by the purchase vests in equity in his principal.</p>