Wheeler v. Eldred

Citations

• 121 Cal. 28
• 53 P. 431
• 1898 Cal. LEXIS 846

Syllabus

<p>Foreclosure of Mortgage—Enforcement of Judgment After Five Years—Construction of Code—Discretion.—Section 685 of the Code o£ Civil Procedure., as amended in 1895, which provides that “in all cases the judgment may be enforced or carried into execution after the lapse of five years from the date of its entry, by leave of the court upon motion, or by judgment for that purpose founded upon supplemental pleadings,” etc., does not impose an absolute duty upon the court to allow execution after the lapse of five years, but is permissive and vests the court with discretionary power to grant or refuse the application therefor; and its refusal to allow the enforcement of a decree for the sale of mortgaged premises after the lapse of five years, no sale having been previously made, will be affirmed upon appeal where no abuse of discretion appears in .the record.</p>