Rockafellor v. Gray

Rockafellor (plaintiff) received land encumbered by a mortgage to Gray (defendant) and assumed the mortgage. The property was later foreclosed, and Connelly bought it at a sheriff's sale; Connelly then sold it to Dixon with standard warranty covenants, and Dixon resold it to Hansen & Gregerson two months later. Rockafellor sued to vacate the foreclosure sale for lack of jurisdiction. Hansen & Gregerson cross-petitioned, seeking to hold Connelly liable for damages from his defective title if the sale were vacated. The trial court vacated the sale and awarded Hansen & Gregerson $4,000 (what Dixon had paid Connelly) plus interest under the covenant of seisin. Connelly appealed.