Jacobs v. Superior Court

McFARLAND, J.

—This is an original petition here for a writ of prohibition to arrest all further proceedings upon a cer

[365]

tain order of the respondent the superior court appointing a receiver.

The appointment of the receiver was made in a certain action brought by one Gillis against one Galvan and others to foreclose a mortgage executed by Galvan and wife to Gillis on a certain tract of farming land. The order appointing a receiver authorizes him to take possession of said land, with the crops growing thereon, etc. The receiver took possession in accordance with the order, and ousted petitioners, who claim to have been in possession as lessees of the mortgagor, and to have had growing crops on the land.

Petitioners argue strenuously, that, under the facts shown, they were owners of the growing crops; that the plaintiff in the action, being merely a mortgagee of the naked land, has no legal right, before foreclosure sale, to interfere, by receivership or otherwise, with their possession and control of said crops; and that for these reasons, and other reasons given, the appointment of the receiver was unwarranted. On the other hand, respondents contend that the asserted lease was without consideration, intended merely to delay creditors, and void. But, without examining into these questions, or determining whether or not the appointment of the receiver was proper and authorized by law, it is sufficient to say that this petition for prohibition cannot be sustained, because petitioners have “ a plain, speedy, and adequate remedy in the ordinary course of law,” within the meaning of section 1103 of the Code of Civil Procedure.

(Agassiz

v.

Superior Court,

90 Cal. 101;

Mines etc. Society

v.

Superior Court,

91 Cal. 101;

Murphy

v.

Superior Court,