White v. Patton

Citations

• 87 Cal. 151
• 25 P. 270
• 1890 Cal. LEXIS 1110

Syllabus

<p>Foreclosure of Mortgage — Pleading — Answer of Subsequent Mortgagee—Cross-comblaint— Service — Default.—In proceedings for the foreclosure of a mortgage, the answer of a subsequent mortgagee, which sets up a junior mortgage and prays for a foreclosure thereof, must be treated as a cross-complaint, and must be served upon all the parties affected thereby, including the mortgagor, though he has made default upon the original complaint.</p> <p>Id. —Judgment by Default — Jurisdiction — Appeal. —Where such service is not made, the court has no jurisdiction to render judgment of foreclosure by default in favor of the subsequent mortgagee, even though the parties against whom the default was taken were properly served with summons issued, on the original complaint and had failed to appear; and the error in rendering such judgment will be corrected upon appeal from the judgment by default.</p>