Simmons
Simmons v. Threshour
Opinion
Lead Opinion
Britt, J.
This action was ejectment for certain real estate in Siskiyou county. At the trial plaintiff offered in evidence a mortgage, covering the demanded premises and other lands, to him executed by several persons of whom Gibson, originally the defendant herein, was one; also an entry in the judgment-book of *101 tbe eotirt purporting to be tbe record of a judgment in a former action prosecuted by said plaintiff against tbe said mortgagors, including Gibson, for the foreclosure of said mortgage; such judgment contained recitals that it was shown to tbe court by satisfactory evidence that all tbe defendants in that action bad been duly served with summons in tbe county, and bad failed to answer and their default had been duly entered; that tbe facts alleged in plaintiff’s complaint were proved, etc; these were followed by the usual directions for tbe sale of tbe mortgaged premises. Plaintiff further offered a certificate of sale issued, to him by tbe sheriff, also tbe sheriff’s subsequent deed, both founded on said judgment and appearing to be regular in form; they showed, if the judgment was valid, that plaintiff as purchaser at his own foreclosure sale acquired the title of defendant…