Ketchum v. Crippen

Citations

• 37 Cal. 223

Syllabus

<p>Tender of Sum Due on Mortgage.—The question whether a tender hy a subsequent mortgagee of the amount due on a prior mortgage, if made after the law day of the mortgage, or after judgment foreclosing the mortgage, discharges the lien of the mortgage or judgment, without keeping the tender good, discussed, but not decided.</p> <p>Dismissal of Bill for want of Equity.—A subsequent mortgagee, who has been made a party to an action foreclosing a prior mortgage, cannot maintain a separate action to enjoin a sale under the judgment, and to be subrogated to the rights of the plaintiff, on the ground of a tender of the amount duo on the judgment ; his remedy is by motion in the action foreclosing the mortgage.</p> <p>Remedy for Relief in Equity.—Where a party to an equitable action has a plain and speedy remedy by motion in the action, he cannot maintain a separate suit in equity to obtain the desired relief.</p> <p>Power of Court to Control its Judgments.—In a suit foreclosing a mortgage, the Court has full power, on motion made by a subsequent mortgagee who is a party, to subrogate him to the rights of the judgment creditor, or to enter a discharge of the lien of the judgment, or to prevent a sale, or to enter a satisfaction of the judgment, upon a proper showing being made.</p>