Harlan v. Smith

Citations

• 6 Cal. 173

Syllabus

<p>A default admits every issuable fact stated in the complaint.</p> <p>An affidavit of merits without any averment of mistake, surprise or excusable neglect, is not sufficient to warrant the setting aside a default, where personal service of summons was made.</p> <p>Production of the original note and mortgage and proof of service of summons, is sufficient to justify a decree of foreclosure on default-.</p> <p>It is error to decree that the sheriff should execute a deed to the purchaser on the foreclosure sale, the land sold being subject to redemption in six months.</p> <p>But such an error may be amended without depriving the plaintiff in foreclosure of the benefit of the decree to which he is entitled.</p>