Connable
Connable v. Marxen
Opinion
Lead Opinion
Rudkin, J.
January 10, 1924, Thompson Buchanan and wife mortgaged certain real property in Los Angeles county, Cal., to Arthur W. Connable to secure the payment of a promissory note in the sum of $80,000, executed by the mortgagors on the same date, and payable to the mortgagee. March 6, 1924, the mortgage was recorded, as required by law. April 25, 1925, Buchanan and wife conveyed the mortgaged property to Gillette Realty Company, a corporation. October 21, 1925, the mortgagee instituted proceedings in the superior court of Los Angeles county to foreclose the mortgage. April 7, 1926, an involuntary petition in bankruptcy was filed in the court below against the Gillette Realty Company, the purchaser of the mortgaged property. April 24, 1926, Edward H. Marxen was appointed receiver for the property of the Gillette Realty Company until a trustee could be elected or appointed. July 16, 1926, the receiver petitioned the bankruptcy eourt for an order restraining the mortgagee, his agents and attorneys, from further proceeding in the foreclosure suit, and on the same day an injunction was granted accompanied by an order requiring the mortgagee, as plaintiff in the foreclosure suit, to appear on…