Mercantile Trust Co. v. Sunset Road Oil Co.
California Court of Appeal
APPEAL from an order of the Superior Court of Kern County vacating an execution sale and granting an injunction. Howard A. Peairs, Judge. Reversed in part; affirmed in part. The facts are stated in the opinion of the court.
1Concurrence
While I concur in the decision reversing the order appealed from in so far as it declared the execution sale to be void and in so far as it restrained the appellant from hypothecating or disposing of the property involved, I cannot agree with the grounds stated in the opinion by Mr. Presiding Justice Langdon as those upon which the decision has been reached. In my view of the law and of the duty of this court that opinion is objectionable in three particulars.
First: In the opinion of the presiding justice it is stated that it is well settled that in a foreclosure proceeding the court cannot…
2Cases cited7 opinions
- Cady v. PurserCalifornia Supreme Court · 1901
- White v. WhiteCalifornia Supreme Court · 1900
- Dobbins v. Economic Gas Co.California Supreme Court · 1920
- Petaluma Savings Bank v. Superior CourtCalifornia Supreme Court · 1896
- Murray v. EtchepareCalifornia Supreme Court · 1900
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