Dana v. Stanfords
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District County of San Francisco. This was a suit brought to reach the assets of the defendant, Samuel Deitz, alleged to be in the hands of the defendants, Josialx Stanford, A. P. Stanford, and Charles Stanford, who composed the firm of Stanford Brothers.
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Appeal from the District Court of the Twelfth Judicial District County of San Francisco. This was a suit brought to reach the assets of the defendant, Samuel Deitz, alleged to be in the hands of the defendants, Josialx Stanford, A. P. Stanford, and Charles Stanford, who composed the firm of Stanford Brothers. The proofs showed, and the Court found, the following facts, viz. : That on the sixth day of June, 1857, the plaintiff recovered a judgment in the District Court against the defendant Deitz, for $8602 50, which judgment remains in force and unpaid; and that on the same day an execution…
1Opinion of the Court
Field J., delivered the opinion of the Court
2ConcurrenceTerry, C. J.
The question presented for consideration in this case, relates to the validity of the mortgage executed by Deitz to Stanford Brothers, to secure his indebtedness to them, and to protect them from liablities incurred by their endorsements of his paper. Deitz was at the time insolvent, and the mortgage embraced his entire property. It is insisted, by the appellant, that the instrument, though a mortgage in form, is in fact an assignment for the benefit of certain creditors, in contravention of the statute, which prohibits assignments by insolvent…
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