Mastick v. Thorp

Citations

• 29 Cal. 444

Syllabus

<p>Purchase of Property pending an Action to recover Possession of it.— One who buys land during the pendency of an action to recover possession of it, in which his grantor is a defendant, may thereafter continue the defense in the name of his grantor, or may cause himself to be substituted in his placo.</p> <p>Granting a 2^ew Trial in an Action at Law by a Court of Equity.—A Court of equity will not grant a new trial in an action at law where the applicant knew of the rendition of the judgment against him in the law action in time to have moved for a new trial in the law Court.</p> <p>When Court op Equity will order a New Trial in a Law Action.—A party cannot maintain an action in a Court of equity to set aside a judgment against him rendered in a Court of law and obtain a new trial without showing that he had no opportunity to move for a new trial in the law Court, by reason of some mistake, accident, or surprise, unaccompanied by any fault or negligence on his part.</p> <p>Same.—Courts of equity will not interfere and set aside a judgment at law, except when it has been obtained by fraud, or through some accident or mistake, without laches on the part of the party complaining, and. after all remedy at law has been lost.</p> <p>Same.—One who buys land during the pendency of an action against his grantor to recover possession of it, with a notice of the suit, and neglects to defend it until judgment is obtained against his grantor, and then neglects to move for a new trial, cannot obtain anew trial in a Court of equity.</p>