Plummer v. Brown
California Supreme Court
Appeal from an order of the Superior Court of the county of Los Angeles, setting aside a default and judgment in favor of the respondent, and allowing Martha Brown and C. E. Thom to defend as successors in interest of the defendant and to conduct all proceedings in his name. Action to have a trust in certain lands declared in favor of the plaintiff, and to enforce a conveyance of the legal title.
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Appeal from an order of the Superior Court of the county of Los Angeles, setting aside a default and judgment in favor of the respondent, and allowing Martha Brown and C. E. Thom to defend as successors in interest of the defendant and to conduct all proceedings in his name. Action to have a trust in certain lands declared in favor of the plaintiff, and to enforce a conveyance of the legal title. The defendant John A. Brown suffered a default, and judgment was rendered against him. After the commencement of the suit Martha Brown and C. E. Thom acquired the interest of the defendant John A.…
1Per curiam
think that Martha Brown and Thom, after acquiring the entire interest of the defendant in the subject-matter of this action, were his “legal representatives” within the meaning of the phrase as used in section 473, Code of Civil Procedure. “An assignee or grantee is a legal representative of the assignor or grantor in regard to the thing assigned or granted.” (G. G. R. R. & B. Co. v. Bryan, 8 Smedes & M. 275.) They certainly had acquired the right to represent him. The transfer of his interest to them entitled them to have the action continued in his name, or the court might allow them to be…
2Cited by17 opinions
- Crescent Canal Co. v. MontgomeryCalifornia Supreme Court · 1899
- Trumpler v. TrumplerCalifornia Supreme Court · 1899
- Sykes v. BeckNorth Dakota Supreme Court · 1903
- Malone v. Big Flat Gravel Mining Co.California Supreme Court · 1892
- Vaughn v. Dame Construction Co.California Court of Appeal · 1990
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