Kuehn v. Don Carlos

This is an appeal from a judgment in which J. E. Beck was awarded possession of an airplane, or its value, if possession could not be had.

*296This case has been before this court for decision once before. (Kuehn v. Don Carlos, 5 Cal. App. (2d) 25 [41 Pac. (2d) 585].) Under the facts there recited we held that the mortgagee (appellant here) had in effect released the lien of his mortgage for the purposes of the execution sale. This so-called release has more the nature of an estoppel than an actual release of a mortgage. A judgment in the mortgagee’s favor was reversed. Defendants urge that our…