Legal Opinion

Illinois Trust & Savings Bank v. Pacific Railway Co.

California Supreme Court

Decided August 30, 1893No. 15460PublishedCited by 15 opinions

Motion to dismiss an appeal from an order of the Superior Court of Los Angeles County making the indebtedness contracted by a receiver a lien prior and paramount to any other liens. The facts are stated in the opinion of the court.

1Opinion of the CourtBeatty, C. J.

These are motions to dismiss the appeal of Alvord and Brown from an order made in the above-entitled action before the entry of the final judgment.

The action is to foreclose a mortgage of the property of a street railway company. The defendants and cross-complainants, Brown and Alvord—as trustees of the holders of certain bonds of the corporation—have the first mortgage lien, which by the order appealed from is subordinated to the indebtedness contracted by two receivers of the mortgaged property — one (Trask) appointed in this action, and the other (Crank) previously appointed by another…

2Cases cited1 opinion

  1. Rochat v. GeeCalifornia Supreme Court · 1891

3Cited by15 opinions

  1. Title Ins. Trust Co. v. Calif. Etc. Co.California Supreme Court · 1911
  2. Brown v. Memorial National Home FoundationCalifornia Court of Appeal · 1958
  3. City of Los Angeles v. Los Angeles City Water Co.California Supreme Court · 1901
  4. Los Angeles Auto Tractor Co. v. Superior CourtCalifornia Court of Appeal · 1928
  5. Southern Pacific Co. v. OppenheimerCalifornia Supreme Court · 1960

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