Allen ex rel. Pepperday v. Oxnard
Allen ex rel. Pepperday v. Oxnard
Opinion of the Court
We find no error in distributing the money to the mechanics’ liens. The mortgage in favor of J. J. Pepperday was not filed until more than sixty days from its execution, and after the mechanics’ liens had attached. This answers the first and second specifications of error. The third does not conform to the rules of court and will not be considered. The fourth specification alleges that the court below erred in allowing interest on the liens to the day of distribution. This was doubtless an oversight, and would have been corrected in the court below had the attention of the learned judge been called to it. The interest should have been allowed only to time of sale.
With this modification the decree is affirmed and the appeal dismissed at the costs of the appellant.
Reference
- Full Case Name
- Allen, to use of Pepperday v. Oxnard
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- Liens — Distribution—Purchase money — Mortgage not recorded in sixty days — Equitable estate. A purchase money mortgage not recorded until more than sixty days-from its execution will have no preference over mechanics’ liens which have attached in the meantime, and although the liens were filed against the equitable estate. Interest on mechanics' lien — Distribution. In distributing afund raised by sheriff’s sale, interest should be allowed on a mechanics’ lien to the date of the sale only, and not to the date of the distribution. Assignments of error — Exceptions to auditor's report. An assignment of error which simply states that the court erred “ in-overruling the exceptions of the appellant to the report of the auditor,” without setting forth the exceptions, does not conform to the rules of court, and will not be considered.