Schwartz v. Palm

Citations

• 65 Cal. 54
• 2 P. 735
• 1884 Cal. LEXIS 438

Syllabus

<p>Mortgage—Foreclosure—Decree—Motion to Modify.—A decree of foreclosure should direct a sale of the particular estate or interest of the mortgagor in the mortgaged premises, as the same has heen described in the mortgage. A decree of sale of a greater or lesser estatejs erroneous, and should he corrected on motion.</p> <p>Id.—Mortgage of Undivided Interest.—When the estate mortgaged is described as an “undivided fourth interest, being all the interest which the mortgagor owns,” a decree is erroneous which directs the sale of all the interest which the mortgagor had in the premises at the time the mortgage was given.</p>