Skinner v. Buck

Citations

• 29 Cal. 253

Syllabus

<p>Mortgage made before 1851.—A mortgage executed prior to the passage of the two hundred and sixtieth section of the Practice Act in 1851, was not a conveyance of a conditional estate to become absolute on a breach of condition, as at common law.</p> <p>Foreclosure of Mortgage before 1851.—If the owner mortgaged his property, and afterwards sold the same to a person other than the mortgagee, and the mortgage was foreclosed and property sold prior to 1851, the purchaser acquired no title if the mortgagor was the only party defendant. The grantee of the mortgagor was a necessary party defendant.</p> <p>Divesting Title by Foreclosure of Mortgage.—A Legislative Act, divesting the title of the purchaser of property previously mortgaged by his grantor, by a foreclosure suit in which the mortgagor was alone defendant, would be unconstitutional.</p> <p>Practice Act of 1850 concerning Foreclosure.—The three hundred and ninth section of the Practice Act of 1850, allowing a creditor to maintain his action to enforce a mortgage against the mortgagor alone, is to be construed as requiring the owner of the mortgaged property at the time of foreclosure to be made a defendant.</p>