Code of civil procedure

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. 1886 Excerpt: ...Of Winchester v. Paine. ll Ves. 194; Shannon v. Speers, 2 A. K. Marsh. 698; 2 Bart. Ch. Pr. I99; Cowing v. Rogers, 34 Cal. 85$-655. 'A'secoud mortgagee, who is not made s party defendantin an action foreclosing the "first mortgage, is barred of the right of redeeming from a sale made under the foreclosure, unless he commences 'his action to redeem within four years from the time his right of action accrues on his debt: Sitar v. Jewell, 33 Id. 92. If a bill by a junior mortgagee contains only the usual averments in an action to enforce a mortgage, and makes no reference to any prior mortgage, etc., the court cannot enter a decree anthorizinlg him to redeem: Uarpemlier v. Brenlurm, 50 d. 549. The right of a mortgagor to redeem springs from the fact of the execution and delivery of the mortgage, sud it is no concern of the mortgagee whether or not the mortgagor, in point of fact, has u valid title to the mortgaged premises or any part thereof: Lorenzana v. Cammillo, 45 Id. 128. Purchaser from mortgagor before the six months after the foreclosure sale has elapsed may redeem without paying the amount of deficiency: Simpson v. 'C'asfle, 52 Id. 644. Redemption on execution sale.---Lends sold under a. decree of foreclosure are subject to be redeemed in the same manner as lands sold under ordinary execution: Harlan v. Smith, 6 Onl. 174. Sale, should he public: Sec. 694, note. Rent: See "Mesne Profits," supra. Sale, setting aside: Sec. 473, note. A pzrchaser under the decree may petition to relieved from his purchase, or that the sale may be set aside, where it has been subsequently discovered that the court rendering the decree had not acquired jurisdiction of the subject-matter or of persons having interests in the property, or if for an...