J. A. Hayward & Co. v. Stearns

Citations

• 39 Cal. 58

Syllabus

<p>Parties to a Foreclosure Suit. —In an action for the foreclosure of a mortgage, if the creditor, the debtor and the title to the mortgaged premises are before the Court, it has jurisdiction of the case, though there may be other holders of distinct Hens who might have been made parties to the suit, and were omitted.</p> <p>Assignee op Promissory Note Overdue.—The assignee of a promissory note, overdue, takes it subject to all the equities subsisting between the maker and payee, but free from all equities subsisting between the maker and any intermediate holder.</p>