Anaheim Co. v. Elliott

Plaintiff, a corporation, appeals from a decree which dismissed its suit for foreclosure of a mortgage on real property of defendant, directed it to make appropriate filings to release the property from the lien of the recorded mortgage instruments and awarded attorney’s fees to defendant. We affirm.

The parties disagree about most of the facts. However, they agree about one critical the documents which plaintiff referred to in its pleadings and introduced into evidence did not reflect any agreement between them. The documents were, first, a sales agreement whereby plaintiff was to sell…