Robinson v. Russell

Citations

• 24 Cal. 467

Syllabus

<p>Mortgagee—His Possession.—The entry of the mortgagee of real estate into the possession of the mortgaged premises by consent of the mortgagor, does not invest him with any other or greater rights than he would have had without such entry.</p> <p>Action of Mortgagee for Damages.—An action can be maintained by the mortgagee of real estate to recover damages for wrongful and fraudulent injuries done to the mortgaged property, by which the security of the mortgage has been impaired.</p> <p>Injunction to Restrain Waste by Mortgagee.—An injunction will be granted at the suit of the mortgagee of real property to restrain the commission of waste upon the mortgaged premises; but before it is granted, it must be made to appear that the commission of the threatened waste will materially impair the value of the mortgaged property, so as to render it inadequate security for the mortgaged debt, and that the defendants are insolvent, or unable to respond in damages for the threatened injury.</p>