Hill v. Gwin

Citations

• 51 Cal. 47

Syllabus

<p>Poweb of Mobtgagee oveb Moetgaged Pboperty.—A mortgagee has no power to authorize another party to enter upon the mortgaged property and remove fixtures therefrom, and the rights of the mortgagor are not affected by such authority given by the mortgagee.</p> <p>Damages fob Injuey to Mortgaged Property. — If fixtures attached to mortgaged property are severed from the realty and taken away, they are freed from the lien of the mortgage, and the mortgagor may recover damages; and the facts that the severance takes place by the consent and concurrence of the mortgagee, and that he afterwards enforces his mortgage, and, at the sale, obtains a sheriff’s deed, do not defeat the action of the mortgagor for damages.</p>