San Jose Water Co. v. Lyndon

Citations

• 124 Cal. 518
• 57 P. 481
• 1899 Cal. LEXIS 1027

Syllabus

<p>Foreclosure oe Prior and Junior Mortgages—Sheriff’s Sale to Prior Mortgagor—Merger of Junior Mortgage — Right of Redemption.—Where, in an action for the foreclosure of a prior mortgage, a junior mortgagee, made a party defendant, filed a cross-complaint seeking the foreclosure of his mortgage, and the court decreed a foreclosure of both mortgages, and a sale under them, and a sheriff’s sale under the decree was made to the prior mortgagor in satisfaction only of the prior mortgage, the junior mortgage is merged in the decree under which the property is sold, and the junior mortgagee has no mortgrge lien subsequent to that on which the property was sold, entitling him to redeem the property from the sale.</p> <p>Id.—Docketed Judgment—Case Affirmed.-—BiacJc v. Gerichten, 58 Cal. 56, affirmed on the point that there can be no redemption by a junior mortgagee under a judgment docketed in his favor after a sale made under foreclosure cl; his mortgage; and held that the rule in that case is applicable whether the docketed.judgment is in the form of a deficiency judgment or not.</p> <p>Id.—Right to Sheriff’s Deed—Mandamus.—The sheriff cannot properly refuse to execute a deed to the prior mortgagee on account of an attempted redemption from the sale by the junior mortgagee; and, upon such refusal, he may be compelled by mandamus to execute the deed.</p>