Wise v. Griffith
Before: Thornton
Synopsis
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial.
The action was brought to foreclose a mortgage executed by George Griffith and wife on the 1st of March, 1876. On August 17, 1877, Henry Heuston obtained a judgment against George Griffith. The foreclosure suit was begun on January 9,1878, Heuston not being joined as a party defendant. The mortgaged premises were sold under execution on November 26, 1878, and the sheriff’s deed was recorded on June 6, 1879. Plaintiffs filed an amended complaint on July 25, 1880, making Heuston a defendant, to which the defendant pleaded that the mortgage was barred by the statute of limitations as to him. Heuston excepted to the action of the court in allowing Maurice Casey to testify that on the day of the sheriff’s sale he gave personal notice to the defendant Henry Heuston of the pendency of this action to foreclose the mortgage of the plaintiffs upon the property about to be sold by the sheriff. Judgment was given for the plaintiffs against all the defendants. The defendant Heuston appealed. The further facts are stated in the opinion.
Thornton, J. We find no error in this record. The evidence of Casey was properly admitted.
Defendant Heuston became a purchaser of the mortgaged property pendente lite, with actual notice of the pendency of this action to foreclose the mortgage made by the defendants, Griffith and wife.
We cannot see how the plaintiffs’action against Heuston is barred. He never was a necessary party to the action, but as purchaser with actual notice of the pendency of plaintiffs’ action to foreclose he z would have been bound by the decree against the Griffiths.
Judgment and order affirmed.
Paterson, J., McFarland, J., and Sharpstein, J., concurred.
Rehearing denied.
More from California Supreme Court
- People v. Wende (1979)
- People v. Watson (1956)
- People v. Superior Court (Romero) (1996)
- People v. Kelly (2006)
- Auto Equity Sales, Inc. v. Superior Court (1962)
- Aguilar v. Atlantic Richfield Co. (2001)
- People v. Lewis (2021)
- In Re Estrada (1965)
- Denham v. Superior Court (1970)
- People v. Marsden (1970)