Legal Opinion
Mutual Building & Loan Ass'n v. Wiborg
California Court of Appeal
Decided June 24, 1943No. Civ. 14114PublishedCited by 7 opinions
1Opinion of the CourtMoore, P. J.
The question for determination is whether the superior court has jurisdiction to appoint a substitute trustee under a deed of trust which reserves a joint power in the trustor and the cestui que trust to make a substitution, where they have not agreed upon a substitution after the corporate trustee has merged with a kindred corporation which inherited all the assets, powers and trusts of the designated trustee.
Title Guarantee and Trust Company hereafter referred to as Title Guarantee was named as trustee in a deed of trust by respondent Wiborg which instrument was given to secure payment of a…
2Cases cited4 opinions
- Estate of BarnettCalifornia Court of Appeal · 1929
- W. H. McElwain Co. v. PrimaveraAppellate Division of the Supreme Court of the State of New York · 1917
- Barreiro v. Bank of Italy National Trust & Savings Ass'nCalifornia Court of Appeal · 1932
- Mercantile Trust Co. v. San Joaquin Agricultural Corp.California Court of Appeal · 1928
3Cited by7 opinions
- Moe v. Transamerica Title InsuranceCalifornia Court of Appeal · 1971
- E. & J. Gallo Winery, a Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1955
- J. C. Peacock, Inc. v. HaskoCalifornia Court of Appeal · 1961
- Treadaway v. Camellia Convalescent Hospitals, Inc.California Court of Appeal · 1974
- Jackson v. Continental Telephone Co.California Court of Appeal · 1963
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