Porter v. Lassen County Land & Cattle Co.

Citations

• 6 Cal. Unrep. 183
• 55 P. 395
• 1898 Cal. LEXIS 1037

Syllabus

<p>Appeal—Necessary Parties.—A Defendant, Who Held a Second Mortgage, conditioned that, if the first mortgage was foreclosed, his mortgage should not be foreclosed, by cross-complaint or otherwise, and who answered a foreclosure action, praying the application of surplus, if any, to his mortgage 'debt, and who was by the decree adjudged to hold a second mortgage, on which a certain amount of money was due, is a necessary adverse party, on whom notice must have been served of an appeal from such decree, though it merely directed the payment of the surplus into court to await a further order.</p>