San Jose Safe Deposit Bank of Savings v. Bank of Madera

In this action, after trial, the court below rendered judgment whereby defendant Westfall, as sheriff of the county of Madera, was required to execute to plaintiff a deed óf certain land which had been sold by his predecessor in office in the course of judicial proceedings to foreclose a mortgage there-, on, and whereby also, among other directions in plaintiff’s favor, the Bank of Madera and other defendants were enjoined from asserting any title or interest in said land. Afterward the court granted a new trial and the plaintiff took this appeal. Among the facts in evidence, or admitted by the pleadings, it appeared that on March 4, 1893, defendant Charles Dworack owned said land and on that day mortgaged the same to one Boberts as se-r curity for a debt of three thousand dollars, and interest thereon, he owed to said Boberts. On January 10, 1894, said Charles Dworack made a second mortgage of the premises to his mother, *541 'the defendant, Mary Dworack, purporting to secure payment to her of the sum of eight thousand five hundred dollars, with interest, on or before January 10, 1896. August 4, 1894, said Charles made a deed in terms conveying said land to said Mary - and caused…