Montgomery v. Byers

Citations

• 21 Cal. 107

Syllabus

<p>A person who, pending an action for the foreclosure of a mortgage and with notice of its pendency, purchases from one of the defendants therein a portion of the mortgaged premises, occupies the same position as his grantor in reference to the issuance of a writ of assistance in favor of the purchaser under the decree.</p> <p>The doctrine of Montgomery v. Middlemiss, (ante p. 103) in reference to the issuance of writs of assistance, affirmed and followed.</p>