Jeffers v. Cook

Citations

• 58 Cal. 147

Syllabus

<p>Statute of Limitations—Foreclosure of Mortgage—Parties—Supplemental Complaint—Amended Complaint—Demurrer—Practice.— In an action commenced May 27th, 1878, to foreclose a mortgage, which fell due June 11th, 1874—in which the mortgagor alone was made defendant—judgment was rendered, and the mortgaged premises sold under execution; but afterward, on motion of the plaintiff, the sale and judgment were set aside, and on May 3d, 1880, the plaintiff, by leave of the Court, filed a supplemental complaint, setting up a conveyance of the mortgaged premises to H. and others, by the mortgagor, made and recorded prior to the suit, and making them and a subsequent grantee, parties to the action. Held: By moving in the original action to make the subsequent grantees of the mortgagor parties to the action, the plaintiff followed the course of procedure approved in previous decisions of this Court; but it was too late to resort to a remedy against new parties in aid of a cause of action which, as to them, was barred by the Statute of Limitations; and their demurrer on that ground was rightly sustained.</p> <p>Id.—Id.—Id.—Id.—Id.—Id.—Grantees of a mortgagor, whose deed is recorded, are owners of the estate and necessary parties to an action to foreclose the mortgage, and if they are not made parties until the lapse of time has barred the remedy for the foreclosure of the lien, they have the right, independent of their grantor, to plead the statute in bar of the action against them.</p>