Ramsbottom v. Bailey

Citations

• 124 Cal. 259
• 56 P. 1036
• 1899 Cal. LEXIS 981

Syllabus

<p>Partnership—Individual Mortgage by Surviving Partner—Foreclosure—Rights of Judgment Creditor.—In an action to foreclose a mortgage made by a surviving partner on the partnership real estate, to secure his individual indebtedness, only the personal interest of the surviving partner in the mortgaged property is involved, and the extent of his interest in the partnership property, after a settlement of the partnership, cannot be considered; and the right claimed by a judgment creditor of the partnership to show that the partnership interest may, upon an accounting, absorb the interest covered by the mortgage, is adverse to the mortgage, and cannot be litigated in the action.</p> <p>Id.—Pleading by Judgment Creditor—Res Adjudicata.—The fact that the judgment creditor was made a party to the foreclosure suit, and set up his judgment therein as against the mortgage, cannot preclude him from a future adjudication of his rights, when they are properly involved.</p> <p>Id.—Parties to Foreclosure—Receiver of Partnership.—In the foreclosure of such mortgage, the receiver of the partnership property is not a proper party defendant as representing the partnership.</p>