Patton v. Thomson

Citations

• 3 Cal. Unrep. 871
• 33 P. 97
• 1893 Cal. LEXIS 1087

Syllabus

<p>Mortgage Foreclosure—Recovery of Proceeds of Void Sale.— A complaint in an action by a mortgagor to recover, under Code of Civil Procedure, section 957, the proceeds of a foreclosure sale set aside on appeal, alleged that foreclosure proceedings were commenced against plaintiff, in which defendant, a second mortgagee, was joined as a party, and filed a cross-complaint asking a foreclosure of his mortgage; that an order of sale on the judgment foreclosing both mortgages “was duly issued by the clerk, .... and was thereupon delivered to the sheriff,” who sold the land to defendant, and after paying the first mortgage “there remained the sum of $3,080.” Held, that the complaint was demurrable, as it did not show that the sheriff had applied any part of the proceeds of such sale to the satisfaction of defendant’s debt.</p>