Heyman v. Lowell

Citations

• 23 Cal. 106
• 1863 Cal. LEXIS 196

Syllabus

<p>When the mortgagor sells the mortgaged property, after the execution of the mortgage, and before the commencement of a suit to foreclose, his grantees are necessary parties to the foreclosure suit. ■</p> <p>If the real holders of the title are not parties to the decree of foreclosure, a Court of Equity will allow them to be made such by a supplemental complaint, provided application be made within a reasonable time; but more than five years after the entry of the decree is not a reasonable time.</p>