Breon v. Strelitz

California Supreme Court

Breon v. Strelitz

48 Cal. 645

CourtCalifornia Supreme Court

DecidedJuly 1, 1874

DocketNo. 4,184

StatusPublished

This text of 48 Cal. 645 (Breon v. Strelitz) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Breon v. Strelitz, 48 Cal. 645 (Cal. 1874).

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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.

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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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Bluebook (online)

48 Cal. 645, Counsel Stack Legal Research, https://law.counselstack.com/opinion/breon-v-strelitz-cal-1874.