Owen v. Pomona Land & Water Co.

Citations

• 124 Cal. 331
• 57 P. 71
• 1899 Cal. LEXIS 995

Syllabus

<p>Appeal—Order Denying New Trial—Stay of Proceedings.—Proceedings to enforce a judgment are stayed by a sufficient undertaking given on appeal from an order denying a new trial, with the same effect as a like undertaking given upon appeal from the judgment.</p> <p>Id.—Sufficiency of Undertaking—Foreclosure of Lien of Purchaser —Rescission of Contract of Sale.—Upon appeal from an order denying a new trial in an action by a purchaser in possession, to enforce rescission of the contract of sale of land and water stock, and to recover the moneys paid thereunder, including the value of his improvements, where the decree annulled the contract, and adjudged the total sum expended to be a lien upon the property purchased, which was ordered sold to satisfy the lien, and the judgment was ordered to be docketed for any unpaid balance, the case is not covered by any provision of the statute for an additional stay bond, and the ordinary undertaking on appeal in the sum of three hundred dollars is sufficient to stay proceedings upon the judgment.</p> <p>Id.—Supersedeas—Order Setting Aside Sale and Quashing Execution.—Where the respondent takes out an order of sale and sells the property, pending such .appeal, and becomes the purchaser thereof, the appellate court, upon motion of the appellant, will order the sale set aside, and the execution quashed.</p>