Kirkham & Woods v. Dupont

Citations

• 14 Cal. 559

Syllabus

<p>A owes B a debt; to secure it A & 0 jointly mortgage to B a piece of land owned, by them in common. Subsequently, A mortgages his undivided interest in the land, to secure a debt, to D. B forecloses against A & G, and buys in the whole land, not malting D a party. The time for statutory redemption having expired, B gets a Sheriff’s deed. Held, that D, as subsequent mortgagee, may redeem A’s, but not C’s, interest in the land, and that the sale is final as to C’s interest, D not being a necessary party to the foreclosure.</p> <p>The redemption money for A’s interest would be the amount of B’s mortgage debt, with interest, etc. less one-half of the purchase money of the whole tract sold as the land of A & C, under the foreclosure sale.</p>