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Breon v. Strelitz

California Supreme Court · No. 4,184 · 1874-07-01 · Published · 48 Cal. 645

FRANCAIS BREON v. JACOB STRELITZ

Area
civil

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

By the Court :

The mortgage was duly recorded, and its lien would not be at all interfered with by sales of the mortgaged premises, made by the mortgagor pending the proceedings to foreclose it; nor would the plaintiff be embarrassed in its foreclosure, if a proper Us pendens were filed. Under such circumstances the order of injunction, while it might embarrass the defendant, could be of no conceivable benefit to the plaintiff.

Order reversed. Remittitur forthwith.