Wykes v. City Water Co. of Santa Cruz
U.S. Circuit Court for the District of Northern California
In Equity. Bill by George Wykes, successor to the Holland Trust Company of New York, as trustee, against the City Water Company of Santa Cruz and the City of Santa Cruz to foreclose a mortgage given by the water company to secure the payment of bonds issued by it.
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In Equity. Bill by George Wykes, successor to the Holland Trust Company of New York, as trustee, against the City Water Company of Santa Cruz and the City of Santa Cruz to foreclose a mortgage given by the water company to secure the payment of bonds issued by it. This is a bill in equity to foreclose a mortgage or deed of trust given by the defendant the City Water Company of Santa Cruz, hereinafter referred to as the “water company,” to the Holland Trust Company of New York, the predecessor in interest of the complainant, whereby the water company conveyed to said trust company certain…
1Opinion of the CourtVan Fleet, District Judge
(after stating the facts as above). The defense of ultra vires interposed by the city is one which docs not appeal strongly to a court of equity in a case such as here disclosed. It is purely legal in aspect and in a sense technical, invoking as it does a harsh and unyielding bar which, if sustained, necessarily precludes all consideration of the ethical features of a case and is thereby calculated to result in wrong to innocent parties. Hence it is that the burden of pleading and proving' the facts to sustain it rests peculiarly -with the defendant and is to he ruled with strictness. Brown…
2Cases cited23 opinions
- Dickerson v. ColgroveSupreme Court of the United States · 1880
- Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896
- Kirk v. HamiltonSupreme Court of the United States · 1880
- Zabriskie v. Cleveland, Columbus, & Cincinnati RailroadSupreme Court of the United States · 1860
- City of East St. Louis v. East St. Louis Gas Light & Coke Co.Illinois Supreme Court · 1881
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3Cited by6 opinions
- State Ex Rel. Shell Oil Co. v. Register of State Land OfficeSupreme Court of Louisiana · 1939
- Quarles v. City of AppletonCourt of Appeals for the Seventh Circuit · 1924
- Kuhlman v. Granite City Investing Corp.Supreme Court of Minnesota · 1928
- Cobb v. Louisiana Board of InstitutionsSupreme Court of Louisiana · 1955
- Cobb v. Louisiana Board of InstitutionsSupreme Court of Louisiana · 1955
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