Wood v. Curran

Citations

• 99 Cal. 137
• 33 P. 774
• 1893 Cal. LEXIS 624

Syllabus

<p>Foeeolosube of Stbeet Assessment—Natube of Pbooeeding—Effeot of Decebe—Parties. —An action to foreclose the lien of a street assessment, under the act of 1872, was not a proceeding strictly in, rem, but the decree therein was in personam,, the measure of satisfaction, however, being the interest which the defendants had^in the land, and such decree did not bind the interests in the laud of any persons not made parties to the action.</p> <p>Id. —Heir not Sued as Administratrix—Effect of Judgment upon Person in Different Rights.—Where an heir was made a party to such action individually, but was not sued as administratrix of the estate of the decedent, the judgment rendered in the action did not bind her as such administratrix, hut only bound her rights as heir. A judgment for or against a party in one right does not affect him when acting in another right.</p> <p>Id.—Bights of Heir Subject to Pbobate Proceedings—Sale by Obdeb of Pbobate Court. — The purchaser at the sale, under foreclosure of the street assessment lien, to which an heir was made a party, took the rights of such heir subject to the provisions of the Probate Act for the support of the family of the deceased, and for the payment of his debts and the expenses of administration, and subject to be divested by a sale of the realty for such purposes by order of the probate court.</p> <p>Id.—Right of Purchase at Pbobate Sale—Quit-claim Deed from Heib— Notioe of Sale under Street Assessment—Estoppel.—Where a purchaser at the probate sale entered both under the deed of the administratrix, which vested in him the estate in the property, and also under a quit-claim deed from her individually as heir, her right as such being bound by the prior decree of foreclosure and sale in the action to enforce the street assessment, to which she was a party, he is not estopped by such quit-claim deed from asserting his rights under the probate sale, thought he had actual notice of the foreclosure sale in that action.</p> <