Vincent v. Collins

Citations

• 122 Cal. 387
• 55 P. 129
• 1898 Cal. LEXIS 594

Syllabus

<p>Judgment oe Fobeclosure—Saleen Masse—Appeal by Insolvent Mobtgagob—Assignee an Advebse Pabty—Seevice oe Notice—Dismissal. Upon an appeal taken by an insolvent mortgagor from a judgment of foreclosure, which ordered the whole of the mortgaged premises to be sold in one parcel, and the surplus proceeds to he paid to the assignee in insolvency, and from an order refusing to set aside the sale and to order the land resold in two parcels, the assignee in insolvency is an adverse party who must be served with the notice of appeal; and if he is not served therewith, the appeal must be dismissed.</p>