Pacific Mutual Life Insurance Co. v. Fisher

Citations

• 106 Cal. 224
• 39 P. 758
• 1895 Cal. LEXIS 598

Syllabus

<p>Foreclosure of Liens—Priority—Judgment for Defendants—Appeal Insufficient—Service of Notice.—In an action for the foreclosure of a mortgage executed by one of the defendants, who conveyed the mortgaged property to a corporation codefendant, in which the claimants of mechanics’ liens upon a building constructed upon the premises are made codefendants, and the mechanics’ liens were decreed to be prior to the lien of the mortgage, and a judgment ordered docketed in favor of the plaintiff for any deficiency that may remain in its favor against the mortgagor, and in favor of the claimants of the mechanics’ liens respectively, for any deficiency remaining against the corporation defendant, an appeal from that portion of the judgment which gives to the mechanics’ liens of the defendants a priority over the mortgage lien of the plaintiff cannot he considered, where the notice of appeal was not served either upon the mortgagor or upon the corporation defendant.</p> <p>Id.—Parties Affected by Judgment.—A modification of the judgment giving to the plaintiff’s mortgage a prior lien would change the personal liability of the mortgagor and of the corporation defendant, relieving the mortgagor, and injuriously affecting the interests of the corporation defendant, and the appellate court can have no jurisdiction to render a judgment affecting the interests of those defendants, unless the parties to be affected thereby are before it.</p> <p>Id.—Validity of Mechanics’ Liens—Jurisdiction of Appellate Court. An appeal from that portion of the decree which enforces the mechanics’ liens upon the mortgaged premises may be considered, notwithstanding the notice of appeal was not served upon the corporation defendant, who is the owner of the premises, since the falsification of those liens would beneficially and not injuriously affect the rights of the corporation.</p> <p>Id.—Mechanics’ Liens — Original Contractor — Time of Filing.— Where a building is constructed by the owner under dist