Hitchcock v. Clarke

Citations

• 2 Cal. Unrep. 37

Syllabus

<p>Mortgage—Effect of Foreclosure on Title.—A decree in a mortgage foreclosure case precluding a person from asserting any right acquired from the mortgagors after the execution of the mortgage would not devest him of any rights held paramount to the title of the mortgagor.</p> <p>Cotenants—Acquisition of Adverse Title Through Mortgage.— Tenants in common of land subject to a mortgage have such a community of interest as precludes one from acquiring an adverse title as to the other through such mortgage or the payment of it without affording the co-owner an opportunity of paying his proportionate share and enjoying the benefit.</p>