Giandeini v. Ramirez

SHINN, J., pro tem.

Appeal from an order refusing to discharge an attachment.

The action is on a note secured by a mortgage on real property. The original complaint on the note alleged the giving of the mortgage to plaintiffs and that as of the date the complaint was filed the amount of an encumbrance prior to that of plaintiffs was in excess of the value of the real property and hence that as of that date plaintiffs’ security had no value. By an amended complaint filed before the motion to discharge the attachment was heard, it was alleged as follows: “That at the time of the execution of said…