Reynolds v. Harris

Citations

• 14 Cal. 667

Syllabus

<p>Where a party to a judgment has obtained any advantage through the judgment, he must restore that advantage to the other party, if the judgment be afterward, reversed.</p> <p>If, on sale under judgment, the plaintiff buys in the property, he must restore it to the defendant, on reversal of the judgment.</p> <p>Otherwise, as to a stranger, a Iona fide purchaser without notice. He is not within the rule. But to constitute himself such purchaser, he must show that he has paid the purchase money, and also, that he is the purchaser of the legal title, not of a mere equity. And a purchaser at execution sale is not clothed with the legal title, until he receives a Sheriff’s deed.</p> <p>An assignee of a judgment, and of the Sheriff’s certificate of a sale thereunder, stands in the same position as his assignor, the plaintiff, after the judgment has been reversed, and the sale will be set aside, and the property restored to the defendant, where no loss or injury will be done the assignee.</p> <p>A party who appears and contests a motion in the Court below, cannot object, on appeal, that he had no notice of the motion.</p> <p>The 345th Section of the Practice Act authorizing the Supreme Court, on the reversal or modification of the judgment or order below, to make restitution of the property and rights lost by the erroneous judgment or order, does not exclude the lower Court from exercising the same power.</p> <p>And the party aggrieved may proceed in the lower Court, by motion, against which there seems to be no statute of limitations, there being, in this case, no unreasonable delay.</p> <p>An objection being taken in this case to a decree as void, because of an excess of jurisdiction in directing two pieces of property, mortgaged by separate instruments, to be sold together, when the complaint did not ask for that relief, it was held, that, the Court having jurisdiction of the question and of the parties, the decree was valid until reversed or set aside.</p>