West

West v. Conant

Good Law
100 Cal. 231·1893 Cal. LEXIS 774·34 P. 705
Supreme Court of CaliforniaNovember 8, 1893No. 18111California663 words

Opinion

lead Opinion

Paterson, J.

The complaint shows that the plaintiff, to whom the defendant had given a note and mortgage, purchased the property therein described at foreclosure sale, on March 12,1892, for the sum of $21,414.30 (being the full amount of the judgment, costs and expenses), and received the sheriff's certificate; that the premises had never been redeemed from the sale, and the time allowed by law for the redemption thereof would not expire until several months after the commencement of the action; that the mortgaged premises were of less value than the amount due plaintiff, and afforded an insufficient security for the payment thereof; that ever since the sale the defendant has been in possession of the land, has collected and received all the rents, issues, and profits thereof, and refused to pay over to the plaintiff any portion of the same; that there were large crops of wheat, barley, and hay growing on the premises, which the defendant threatened to harvest and sell, and convert the proceeds thereof to his own use, to the loss of plaintiff in the sum of $4,000; that defendant is insolvent, and has no property subject to execution out of which the value of the rents and profits of the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.