Ellig v. Naglee & Sharp
California Supreme Court
Appeal from the District Court of the Fourth Judicial District, County of San Francisco. This was a suit in equity, to obtain an account from the defendants, as trustees of Mary Ellig and John Ellig, (now deceased,) and also the surrender of the trust estate, and charging the defendants with negligence and mismanagement of the estate, and claiming a judgment for $13,500, rents alleged to have been collected by the trustees, and not paid over, and also praying a restraining…
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Appeal from the District Court of the Fourth Judicial District, County of San Francisco. This was a suit in equity, to obtain an account from the defendants, as trustees of Mary Ellig and John Ellig, (now deceased,) and also the surrender of the trust estate, and charging the defendants with negligence and mismanagement of the estate, and claiming a judgment for $13,500, rents alleged to have been collected by the trustees, and not paid over, and also praying a restraining order of Court against defendants during litigation, etc. The facts are as follows: John Ellig, deceased, about the…
1Opinion of the CourtBurnett, J.
The first point made by the plaintiffs’ counsel is that the Chancellor erred in finding that the trustees had fairly discharged the trust.
It appears that Sherman entered under his assignment, on the fourth of April, 1855, and that defendants called upon him for *695the first time in that month. This delay in calling upon Sher" man was well accounted for, from the fact that the assignment to him was only intended as a mortgage to secure a loan of $5,000, an$ was unknown to the trustees until he entered to receive the rents in April. The rents due on the twelfth of Nov.ember, December, January,…
2Cases cited1 opinion
- In re KahuluHawaii Supreme Court · 1885
3Cited by9 opinions
- Ainsa v. Mercantile Trust Co.California Supreme Court · 1917
- Estate of CousinsCalifornia Supreme Court · 1896
- Robison v. Elston Bank & Trust Co.Indiana Court of Appeals · 1943
- In Re Estate of SchandoneyCalifornia Supreme Court · 1901
- White v. Citizens National Trust & Savings BankCalifornia Court of Appeal · 1941
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