Brown v. Mann
California Supreme Court
Appeal from a judgment of the Superior Court of Santa Cruz County, from an order refusing to vacate the judgment, and from an order refusing a new trial. The action was brought to foreclose a mortgage executed on the 4th of May, 1870, by Thomas W. Mann to the plaintiff, and payable one year after date.
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Appeal from a judgment of the Superior Court of Santa Cruz County, from an order refusing to vacate the judgment, and from an order refusing a new trial. The action was brought to foreclose a mortgage executed on the 4th of May, 1870, by Thomas W. Mann to the plaintiff, and payable one year after date. On the 4th of July, 1871, the mortgagor and his wife conveyed the mortgaged premises to one Abel Mann, who died on the 4th of December, 1871. The plaintiff became his administrator on the 29th of the same month, and in June, 1872, assigned the mortgage debt to Adolphus Brown for the sole…
1Opinion of the CourtMyrick, J.
Foreclosure. The note and mortgage were dated May 4, 1870, payable in one year, to wit, May 4, 1871. The proceedings had after the transfer of the note and mortgage by plaintiff (Charles Brown) to Adolphus Brown, with the suit thereon, must be disregarded, because Charles Brown, being the administrator of the estate of Abel Mann, could not, under the name of Adolphus Brown, have an action for his own benefit against himself as administrator to foreclose the mortgage. He had ample means in other ways to obtain the benefit of his security. Not until he ceased to be administrator and was…
2Cited by4 opinions
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- Byrne v. ByrneCalifornia Supreme Court · 1892
- MacDougall v. National BankSupreme Court of Georgia · 1920
- Lyon County Bank v. Lyon County BankNevada Supreme Court · 1936