California Title Insurance & Trust Co. v. Pauly
California Supreme Court
Appeal from a judgment of the Superior Court of San Diego County and from an ■ order refusing a new trial. George Puterbaugh, Judge. The facts are stated in the opinion.
1Opinion of the Court
Vanclief, C.
Action to foreclose a mortgage executed by the -San Diego Cable Railway Company (a corporation), to the plaintiff, in trust, to secure the payment of a series of bonds executed by the mortgagor. Before the commencement of the action, the said railway company had been adjudged an insolvent debtor, pursuant to the Insolvent Act of 1880, and all its estate, real and personal, had been duly assigned to the defendant, Pauly, who was the duly elected and qualified assignee of the estate of said insolvent debtor.
The plaintiff prevailed in the lower court; and the defendant, Pauly,…
2Cases cited10 opinions
- In re the Estate of StevensCalifornia Supreme Court · 1890
- Breeze v. BrooksCalifornia Supreme Court · 1892
- Samuel D. Harris and Others v. Jesse D. ElliottSupreme Court of the United States · 1836
- Marriner v. DennisonCalifornia Supreme Court · 1889
- Towle v. Carmelo Land & Coal Co.California Supreme Court · 1893
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3Cited by4 opinions
- People v. FitzwaterCalifornia Court of Appeal · 1968
- Higgins v. HigginsCalifornia Supreme Court · 1898
- Brown v. Lehigh Valley RailroadNew York Supreme Court · 1919
- In re Los Angeles Mfg. Co.District Court, S.D. California · 1933