Withers v. Jacks

Citations

• 79 Cal. 297
• 21 P. 824
• 1889 Cal. LEXIS 723

Syllabus

<p>Appeal—Stay of Execution — Foreclosure of Mortgage. — When-there is a contest in a foreclosure suit as to the priority of mortgage liens, and an appeal is taken hy aay of the mortgagees from the decision without a stay of execution, and title passes by sheriff’s deed under the foreclosure sale, the mortgagors having made default, and not appealing from the judgment, a reversal of the judgment on the question of priority will not affect the title, and the sale under foreclosure is final.</p> <p>Quieting Title — Mortgage — Adverse Claim.—The owner of the legal title to land may maintain an action to quiet title against the claimant of an invalid mortgage lien. The plaintiff has a right to be quieted in his title when any adverse claim is made, the effect of which might he litigation, or loss or depreciation of the value of his property.</p> <p>Findings. — The findings are sufficient when they cover all the material issues in the case.</p>