Purdy v. Irwin

California Supreme Court

Purdy v. Irwin

18 Cal. 350, 1861 Cal. LEXIS 194

DecidedJuly 1, 1861

StatusPublished

This text of 18 Cal. 350 (Purdy v. Irwin) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Purdy v. Irwin, 18 Cal. 350, 1861 Cal. LEXIS 194 (Cal. 1861).

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Opinion

Cope, J. delivered the opinion of the Court

Baldwin, J. and Field, C. J. concurring.

The decree in this case must be reversed. The rights of the [351]*351plaintiff cannot be impaired by a sale under the Nesbit judgment. The purchaser at that sale will only acquire the interest of the judgment debtors, and there is no necessity for equitable interference on behalf of the plaintiff. His rights as mortgagee will stand upon the same footing after the sale as they did before. Judgment reversed, and bill dismissed.

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Cope, J. delivered the opinion of the Court

Baldwin, J. and Field, C. J. concurring.

The decree in this case must be reversed. The rights of the [351]*351plaintiff cannot be impaired by a sale under the Nesbit judgment. The purchaser at that sale will only acquire the interest of the judgment debtors, and there is no necessity for equitable interference on behalf of the plaintiff. His rights as mortgagee will stand upon the same footing after the sale as they did before. Judgment reversed, and bill dismissed.

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Bluebook (online)

18 Cal. 350, 1861 Cal. LEXIS 194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/purdy-v-irwin-cal-1861.