Wise v. Griffith

Decided January 25, 1889

California Supreme Court · decided 1889-01-25

The action was brought to foreclose a mortgage executed by George Griffith and wife on the 1st of March, 1876. On August 17, 1877, Henry Heuston obtained a judgment against George Griffith. The foreclosure suit was begun on January 9,1878, Heuston not being joined as a party defendant. The mortgaged premises were sold under execution on November 26, 1878, and the sheriff’s deed was recorded on June 6, 1879.

Cited by 5 later decisions — most recently August 1966

2 federal appellate · 3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1889-01-25

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Thornton, J.

¶1We find no error in this record. The evidence of Casey was properly admitted.

¶2Defendant Heuston became a purchaser of the mortgaged property pendente lite, with actual notice of the pendency of this action to foreclose the mortgage made by the defendants, Griffith and wife.

¶3We cannot see how the plaintiffs’action against Heuston is barred. He never was a necessary party to the action, but as purchaser with actual notice of the pendency of plaintiffs’ action to foreclose he z would have been bound by the decree against the Griffiths.

¶4Judgment and order affirmed.

¶5Paterson, J., McFarland, J., and Sharpstein, J., concurred.

¶6Rehearing denied.