California Supreme Court, 1883

Luce v. Superior Court

Luce v. Superior Court
California Supreme Court · Decided April 6, 1883
2 Cal. Unrep. 167

Luce v. Superior Court

Opinion of the Court

By the COURT.

Petition for a writ of prohibition. Demurrer to the petition. The question is: Can a court fore*168close a mortgage, and, on such foreclosure, order a sale of personal property included in the mortgage, which property was in fact exempt by law from sale under execution? In such a case, we see no reason whatever for the issuance of a writ of prohibition. If any error has occurred, it can be reviewed on appeal.

The demurrer is sustained, and the alternative writ heretofore issued is discharged.

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