Goodenow v. Ewer
California Supreme Court
16 Cal. 461 (1860)
Facts
Downer and Morris each owned one half of a piece of real property (the lot). Downer mortgaged his one-half interest to Goodenow (plaintiff). Later, Downer and Morris each sold a third of their respective one-half interests to Ewer (defendant)—that is, Downer and Morris each conveyed a one-sixth interest in the entire lot to Ewer. Accordingly, Downer, Morris, and Ewer each ended up with a one-third interest in the lot, and half of each of Ewer’s and Downer’s interest was encumbered by Goodenow’s mortgage. Downer defaulted, and Goodenow initiated a foreclosure action in which Goodenow purchased a one-third interest in the lot. Goodenow did not include Ewer as a party in the foreclosure action. Ewer, meanwhile, purchased all remaining, unencumbered interests from Morris and Downer. Goodenow sought to compel a distribution of proceeds from the lot that would recognize Goodenow as having, as a result of the foreclosure, taken title to the entire one-third interest subject to the mortgage, including the one-sixth interest owned by Ewer at the time of foreclosure. The lower court rejected Goodenow’s position, and Goodenow appealed.
Rule of Law
Issue
Holding and Reasoning (Field, C.J.)
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