Breon v. Strelitz
Synopsis
Sabe op Mobtgaged Pbopebty.—If a mortgage is recorded, its lien is not affected by sales of the mortgaged property made by the mortgagor pending proceedings to foreclose it.
Enjoining Sabe of Mobtgaged Pbopeety.—An injunction should not be granted to restrain the mortgagor from-selling the mortgaged property pending proceedings to foreclose a mortgage.
By the Court : The mortgage was duly recorded, and its lien would not be at all interfered with by sales of the mortgaged premises, made by the mortgagor pending the proceedings to foreclose it; nor would the plaintiff be embarrassed in its foreclosure, if a proper Us pendens were filed. Under such circumstances the order of injunction, while it might embarrass the defendant, could be of no conceivable benefit to the plaintiff.
Order reversed. Remittitur forthwith.
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