Allstate Finance Corp. v. Zimmerman

HUTCHESON, Circuit Judge.

This appeal from an order1 dismissing plaintiff’s suit, without leave to amend, presents the single question whether it presented a recoverable claim.

This is the record: Alleging that the defendants, by the trespasses and other acts set forth in its Second Amended *324Complaint, had damaged the property described in the complaint; that at the time of such trespasses and damage plaintiff was the holder of a mortgage on the property; and that later, through a foreclosure sale it had become the owner of, and entitled to the possession of the property, plaintiff sued for…