Practice, pleading, and evidence in the courts of the State of California in general civil suits and proceedings, being the code of civil procedure of ... session of the Legislature (1876); with full

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1877 Excerpt: ...himself; though when Hichel v. Carrillo, 42 Cal. 494. If permanent he has done so, a mistake in calculation must improvements made by a mortgagee in possesbe brought to his notice in some form analo-sion do not cost him anything, or if there are gous to an exception to a master's report, not special circumstances requiring their conGuy v. Franklin, 5 Cal. 417. If one person struction, he is not entitled to any allowance in respect of them. If it appears that, the mortgagee paid expenses as lie went along and had a balance in his hands at the end of the year, he should be charged with such balance. Hidden v, Jordan, 32 Cal. 397. Action, when it will lie. The facts that the mortgagor is declared bankrupt in the U. S. District Court, and that the mortgagee proves his debt in the bankruptcy, do not prevent the mortgagee from foreclosing in a State court upon leave granted by the U. S. District Court. A State District Court has jurisdiction to foreclcBe a mortgage on property which lies outside the district. Societt d'E/xirgnes v. Mchenry, 49 Cal. 351. Where a judgment is rendered against A. and his sureties, and A. and a portion of his sureties, to secure the payment of the judgment, mortgage their property, subsequent to which an execution under the judgment is levied upon sufficient property of B., a surety not joining in the mortgage, to satisfy the judgment and voluntarily released, the mortgage is satisfied. People v. Chisholm, 8 Cal. 29. Action, one only. Where a note was made payable to a person or order, and a mortgage was made to him to secure it, and he indorsed the note to a third person, it was held that he might he made a party to a suit for foreclosing the mortgage and held as indorsee Eastman v. Turnian, 24 Cal. 382. But it was held that a separa...