Purdy v. Irwin

Citations

• 18 Cal. 350
• 1861 Cal. LEXIS 194

Syllabus

<p>Plaintiff has a deed of property from H. and P. Subsequently, N., execution creditor of H. and P., causes the Sheriff to levy on the property. Plaintiff files his bill to restrain the sale as casting cloud on his title. Court below found plaintiff’s deed to be in effect a mortgage: Held, that the bill must be dismissed; that the purchaser at the Sheriff’s sale would only acquire the interest of the judgment debtors, H. and P.; that plaintiff’s rights as mortgagee would be unaffected by the sale, and hence there is no necessity for equity .to interfere in his behalf.</p>