California Supreme Court July 1, 1857 (Cook v. Klink)

Burnett, J., delivered the opinion of the Court—Terry, C. J., concurring.

Suit to foreclose mortgage. Decree January 20, 1855. Sale of premises under decree, February 21st, 1855. Property purchased by Cohen & Silverstein, no parties to the original suit. Motion to set aside sale, September 13th, 1855. Sale set aside, and Cohen & Silverstein appealed to this Court.