Hershey v. Dennis

Citations

• 53 Cal. 77

Syllabus

<p>Leen of Subsequent Judgment—Homestead.—Where a mortgagor filed a homestead subsequent to a second mortgage, and both mortgages were foreclosed, the first mortgage and part of the second being paid, and judgment for the deficiency due the second mortgagee being docketed: held, that the lien of the docketed deficiency was superseded by the homestead.</p> <p>Idem-Redemption.—In such a case, the second mortgagee could not redeem from the purchaser at the mortgage sale.</p> <p>Tender of Redemption Money.—The tender of the redemption money extinguishes the purchaser’s lien, and is equivalent to payment.</p>