Behnke

Hibernia Savings & Loan Society v. Behnke

Good Law
121 Cal. 339·1898 Cal. LEXIS 906·53 P. 812
Supreme Court of CaliforniaJune 30, 1898S. F. No. 922California1,299 words

Opinion

Lead Opinion

Harrison, J.

This is an appeal from an order of the superior court of San Francisco refusing to set aside a sale of property made by the sheriff under an order of sale issued out of said court upon a judgment rendered therein for the foreclosure of a mortgage in favor of the plaintiff. The sale was made June 8, 1896. Notice of the motion to set aside the sale was made October 19th, and heard November 19th, and was denied December 1st.

1. One of the grounds of the motion is that several parcels of the land were sold en masse instead of separately. The judgment embraced ten parcels of land, which were separately described and ordered to be sold in satisfaction of the plaintiff’s claim. The defendant was present at the sale, but gave no-directions respecting it, or the order in which the parcels should be sold. The sheriff offered each of the parcels separately, and bids were severally made for two of them, but were withdrawn by the bidders before a sale was effected. One of the parcels was sold for seven hundred and fifty dollars to Mrs. Dillon. After the sheriff had offered each of the parcels without ob *341 taining any purchaser for them, except in the case of the one sold to Mrs. Dillon, he…

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.