Hyde v. Boyle

Citations

• 105 Cal. 102
• 38 P. 643
• 1894 Cal. LEXIS 1118

Syllabus

<p>Writ of Restitution—Reversal of Order—Rights of Appellant.— Upon a reversal of an order for a writ of restitution the appellant is entitled to be restored to all that he has lost by virtue of the order, and to be placed in the same position as he was prior to the execution of the writ, by the removal of all persons that have been placed in possession of the land by virtue of the writ, as well as of all those who have come in under him after that date.</p> <p>Id.—Attornment of Tenant of Appellant—Eviction—Restoration of . Possession.—The eviction of one who was in possession of premises as the tenant of the appellant against whom a writ of restitution was issued, at the time the writ was executed, and against whom the writ was executed by the attornment of such tenant to the assignee of the plaintiff by his agent, was the eviction of the appellant, and upon reversal of the order for the writ, the appellant is entitled to be restored to the possession as against such tenant.</p> <p>Id.—Order Refusing to Vacate Writ—Appeal—Conflicting Evidence. Upon an appeal from an order refusing to vacate a writ of restitution, where the evidence taken before the court upon the hearing of the motion was substantially conflicting, and there is evidence tending to show that the writ was rightfully issued, the order denying the motion will be affirmed.</p> <p>Id.—Title Under Foreclosure—Writ of Assistance—Action of Ejectment.—In an ordinary action of ejectment the relief to be given is the same as that in any other action of ejectment, notwithstanding the plaintiff’s title is derived through a purchase under the foreclosure of a mortgage; and the plaintiff is not entitled in the action of ejectment to the same relief as if a writ of assistance had been asked for under the decree of foreclosure.</p>