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18 Cal. 650

Hooker v. Reas

California Supreme Court

Decided July 1, 1861

California Supreme Court · decided 1861-07-01

Suit to enforce a sale by a Sheriff and to set aside a decree on the following facts: August 21st, 1857, E. C. Kelley, Curtis and Garland, composing the firm of Kelley & Co., mortgaged the premises to defendant, Reas, to secure two notes maturing—the one on the fifteenth of November following, the other on the first of August, 1858.

Good law ✅— No negative treatment on recordhow we know

Decided 1861-07-01

How this case has been cited

Cited by 3 later decisions — most recently January 2013

3 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Baldwin, J. delivered the opinion of the Court

¶1Cope, J. concurring.

¶2The mortgage foreclosure for the first note due did not vest a title in the purchaser until the period of redemption had passed, and a deed of the Sheriff under the foreclosure sale. But before this the debt was paid, and the effect was the redemption of the premises. This left them subject to the mortgage for the second note, the lien for which was not displaced by the sale under junior incumbrances in proceedings to which the respondent, the holder of the second note, was not a party. Even if this question has not been determined by the judgment of the Court below, referred to in the transcript, it seems to be a plain principle which fully warrants the decree below, which is affirmed.

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