Jones

People's Savings Bank v. Jones

Good Law
114 Cal. 422·1896 Cal. LEXIS 916·46 P. 278
Supreme Court of CaliforniaOctober 3, 1896Sac. No. 101California1,133 words

Opinion

Lead Opinion

Belcher, J.

The defendant T. E. Jones was the owner of two lots of land in the city of Fresno, on which he and his wife, the defendant Annie Jones, executed to the plaintiff two mortgages, one on the second day of March, 1892, and the other on the sixth day of May, 1892, to secure payment of certain promissory notes made by them. In April and May, 1893, the defendants caused a frame dwelling-house to be erected on said lots, which they thereafter occupied as their place of residence. The house rested on mudsills, which were placed on top of the ground. Afterward plaintiff commenced an action to foreclose its mortgages, and on April 24, 1894, a decree of foreclosure was duly and regularly made and entered, directing the sale of the said lots. By the decree a co mmissioner was appointed to make the sale, and thereafter, on May 22, 1894, he duly and regularly sold to the plaintiff all the property mentioned in the decree, and on the same day executed and delivered to plaintiff a certificate of such sale. The property sold was not redeemed, and on November 24, 1894, the commissioner executed and delivered to plaintiff a deed for all the property so sold.

On November 17, 1894, the defendants,…

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