84 Cal. 174 | Cal. | 1890
This is an appeal by defendants from an order of the court below denying their motion to discharge and dissolve an attachment.
The action is to recover upon an alleged indebtedness
The affidavit of the defendant Carlos Ramelli, on the hearing of the motion, states specifically, among other things, that the mortgage referred to in plaintiff’s affidavit for attachment was of a certain described tract of land in San. Mateo County, containing over one thousand acres; that it was given to secure the identical indebtedness sued on, and none other; that it has never been satisfied, but remains in full force and effect; that the said land was at the date of the mortgage of the value of about twenty-one thousand dollars; that it has not depreciated in value since said date, but, on the contrary, defendants, since then, have put additional improvements thereon to the extent of two thousand dollars; that said land'is still in existence and is still security for said indebtedness, and is worth fully as much as it was at the date of said mortgage; that defendants have not parted with their interests in said land, except that defendant Beffa has sold and conveyed his interest to the other defendants, who are seised and in possession of the whole of said tract of land; and that the sheriff, under the writ of attachment, has taken and withholds from defendants a large amount of personal property, consisting of cows, calves, horses, etc.
Appellants contend that the affidavit for attachment is defective because it merely states that “said mortgage” became Valueless, while the code provides for a statement that the “ security ” has become valueless; and furthermore, that there can be no attachment in any
The order appealed from is reversed, and the court below is directed to discharge and dissolve the attachment.
Sharpstein, J., and Paterson, J., concurred.