Mitchell v.Amador Canal & Mining Co.

Citations

• 75 Cal. 464
• 17 P. 246
• 1888 Cal. LEXIS 568

Syllabus

<p>Mortgage—Water-ditch—New Ditch when does not Pass by Foreclosure Sale. — A decree foreclosing a mortgage on a water-ditch particularly described as lying between given termini, and a sheriff’s deed given in pursuance thereof, does not operate to pass the title to a new and independent ditch subsequently constructed by a purchaser pendente lite from the mortgagor, along a different course and between different termini, for the purpose of being used by him in place of the mortgaged ditch, when the new ditch is not an appurtenance of nor an improvement on the original ditch.</p> <p>Id. — Waste — Equitable Remedy eor. — The remedy for waste is ordinarily at law; but where relief is sought for the purpose of preserving the security of a mortgage, equity will interpose by injunction, both before and after a decree of foreclosure, to prevent future waste, and in the same action an accounting will be decreed, and compensation given for past waste.</p> <p>Evidence—Estoppel—Declarations.—Where the plaintiff offers in evidence certain declarations made by the defendant, claiming that the same constitute an estoppel, evidence is admissible on behalf of the defendant of statements made by the plaintiff tending to show that he placed no reliance upon the declarations of the defendant at the time they were made, and did not then regard them as an estoppel.</p>