California Supreme Court, 1874

Breon v. Strelitz

Breon v. Strelitz
California Supreme Court · Decided July 1, 1874
48 Cal. 645

Breon v. Strelitz

Opinion of the Court

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.

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