Johnson v. Dopkins

Citations

• 3 Cal. 391

Syllabus

<p>The purchaser of a mortgage is subrogated to the rights of the mortgagee.</p> <p>Defendant set up title in herself as assignee of the mortgagee, and as lessee of the mortgagor. The plaintiff claims as purchaser at sheriff’s sale on a judgment against the mortgagor. The estate in controversy was leasehold, and the judgment of the plaintiff was obtained after the date of the lease : Held, that the plaintiff took but the equity of redemption of the mortgagor, subject to the lease of defendants; and held, that he had no right to demand possession of the lessee, till after the expiration of the lease; and could recover no higher rent than tlxat fixed by the lease, up to the time he demanded possession, after the expiration of the lease.</p> <p>No account was stated in the case, and the cause was remanded, that an account might be taken; and the court remarked, that if it shall appear by the above rule of computation, that the rents were insufficient to have paid the mortgage debt of the lessee at the time this suit was brought, then that it was premature, and must fail.</p>