Thomas
Thomas v. San Diego College Co.
Opinion
Lead Opinion
Haynes, J.
This appeal is by the plaintiffs from two orders made after judgment, the first directing the immediate issuance and execution of an order of sale made upon the ex parte application of defendant Stough, and. 'the second an order denying plaintiff’s motion asking that the order of sale be recalled, or that its execution be postponed.
The San Diego College Company issued two hundred and ninety-eight bonds for the sum of one hundred dollars each, together with interest coupons thereto attached, and executed to the plaintiffs, as trustees, a mortgage upon several parcels of real estate to sécure the same, the most valuable of which is known as the “ College *360 Campus,” upon which there was a large building. The above-entitled action was brought to foreclose said mortgage, and a decree of foreclosure was entered therein December 22, 1893. The findings set out the names Qf the holders and owners of said bonds, and the number held by each, from which it appeared that defendant 0. J. Stough was the holder of one hundred and fifty-seven of said bonds, one hundred and thirty-two of which he owned, and the remaining twenty-five he held as collateral security, the college company being the…