Shores v. Scott River Co.

Citations

• 21 Cal. 135

Syllabus

<p>A decebe foreclosing a mortgage cuts off all rights of such subsequent purchasers or incumbrancers as are made parties to the foreclosure action.</p> <p>A person who, after the commencement of an action to foreclose a mortgage, acquires possession of the premises from one of the defendants and continues to occupy after a sale under the decree of foreclosure is a “ tenant in possession,” and liable as such to the purchaser for the rents and profits accruing between the sale and the execution of the Sheriff’s deed.</p> <p>R. having a possessory interest in certain premises which had been sold under a foreclosure decree employed M. to manage the property, and receive all its proceeds and pay them over in certain fixed proportions to R. and S.: Held, that M. was a mere agent of R. and not a “ tenant in possession,” and, therefore, not liable to the purchaser at the sale for the rents and profits.</p> <p>Whether the purchaser at a judicial sale can maintain an action for the rents and profits against the tenant in possession before receiving his deed from the Sheriff—Query.</p>