Dewey v. Latson

Citations

• 6 Cal. 609

Syllabus

<p>The sale of the equity of redemption of mortgaged premises, and assignment of the rents thereof until foreclosure and sale to a creditor, cannot operate as a fraud upon the mortgagee, whose rights are secured, and may be enforced by foreclosure.</p> <p>The collection of the rents and profits by the creditor purchasing, can be no more a fraud upon the mortgagee than would be their application by the mortgagor to the payment of his debts. ^</p> <p>The mortgagor having the right to sell the rents and profits, or to apply them to the payment of his debts, except as against a creditor who is hindered, defrauded or delayed thereby, the mortgagee cannot complain, as he is not such a creditor.</p>