Skinner v. Beatty

Citations

• 16 Cal. 156
• 1860 Cal. LEXIS 194

Syllabus

<p>Prima facie, plaintiff in a foreclosure suit is entitled, after sale of the premises and Sheriff's deed to him, to a writ of assistance as against the mortgagor, and ■ those entering under him subsequent to the decree, if they refuse to surrender possession.</p> <p>Where, in such case, a writ of assistance is granted, and the mortgagee and his wife move to set it aside on the ground that they had moved upon and occupied the mortgaged premises as a homestead before the execution of the mortgage by the husband, and continuously ever since, and it appears that the mortgage was given for the purchase money of the premises, the motion must be denied, even though the wife was not a party to the foreclosure.</p> <p>If a writ of assistance be improperly issued or executed, the Court granting it can, on summary motion, set aside the writ or the service, and restore the possession.</p>