Reynolds v. Weston

4 P. 374, 2 Cal. Unrep. 343

• Court: California Supreme Court
• Decided: July 19, 1884
• Docket: No. 8150
• Status: Published

Opinion

By the COURT.

The decree seems to follow the provisions of the deed of trust in authorizing a sale of the premises conveyed to the plaintiff when he shall obtain possession thereof by virtue of a judgment in an action then pending, in which the right of possession was involved, except in the particular hereinafter noted. As to the compensation to which the court found plaintiff entitled, and decreed that he should be paid out of the proceeds of said sale, we are not prepared to say that the amount is unreasonable. The deed contained the agreement that Reynolds should hold the land until the litigation be finally ended; the decree authorizes a sale when the litigation be finally disposed of as to the whole or any part of said premises. The decree should be modified by striking out the words “or any part” and “or any part thereof.” The court below is directed to modify the decree in this particular, and in all other respects the" judgment is affirmed.