Buckout v. Swift

Citations

• 27 Cal. 433

Syllabus

<p>Issues of Fact raised by Answer.—Where there are no findings of fact in an action tried by the Court, all the issues of fact raised by the answer are deemed to havo been found in favor of the party who recovers judgment.</p> <p>Removal of a House prom the Freehold. —The severance and removal of a house from the freehold changes the character of the house from real to personal property, whether the severance is by the act of God or of man.</p> <p>Mortgagee's Right to an Injunction.—The mortgagee of a lot on.whichahouse is standing, cannot enjoin the mortgagor or his assigns from removing the house from the lot, except upon proof that the lot without the house will be an inadequate security for the mortgage debt.</p> <p>Same.—The severance and removal of a house from land covered by a mortgage withdraws the house from the operation of the mortgage lien; and after the removal the mortgagor or his assignee has a right to sell the house, and the purchaser may convert it to his own use.</p>