Barbieri
Barbieri v. Ramelli
Opinion
Lead Opinion
McFarland, J.
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 *175 of seven hundred dollars; and the part of the affidavit of attachment involved in this appeal is as follows: “ That the same was secured by a mortgage on real property only, which was recorded in the recorder’s office of San Mateo County, state of California, on the sixteenth day of November, 1885, in record 16 of mortgages, page 589, and said mortgage, without any act of plaintiff, or the person to whom the' security was given, became valueless.”
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…