Scott v. Sierra Lumber Co.
California Supreme Court
Appeal from a judgment of the Superior Court of Sacramento County, and from an order refusing a new trial. The action was brought to recover the possession of certain real and personal property and damages for withholding the possession.
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Appeal from a judgment of the Superior Court of Sacramento County, and from an order refusing a new trial. The action was brought to recover the possession of certain real and personal property and damages for withholding the possession. The property in question was owned by the firm of Campbell & Welton, who becoming financially involved on February 1, 1876, conveyed it by a deed of trust to four trustees for the benefit of their creditors, whose claims were consolidated in a promissory note to the trustees for $196,139.82 payable in instalments. Campbell & Welton subsequently sold the…
1Opinion of the CourtMcKinstry, J.
The power contained in the deed of trust recited in the complaint and findings, empowered the trustees in case of certain default, to sell at public auction for “gold coin ” or cash. The court below found that the trustees offered the real and personal property (except two lots in Red Bluff) for sale, “ and struck off the same to the plaintiff, who, at their request and for them, bid the sum of f50,000, upon the distinct understanding that he was not to pay any money, or take or have *73any interest in the property, otherwise than in trust for them.” It is said by appellant there was no evidence…
2Cases cited5 opinions
- Henry v. Southern Pacific RailroadCalifornia Supreme Court · 1875
- Hutchings v. CastleCalifornia Supreme Court · 1874
- Stringer v. DavisCalifornia Supreme Court · 1866
- Bateman v. Superior CourtCalifornia Supreme Court · 1880
- Bliss v. EllsworthCalifornia Supreme Court · 1868
3Cited by11 opinions
- Zellerbach v. AllenbergCalifornia Supreme Court · 1893
- In re the Estate of DoyleCalifornia Supreme Court · 1887
- Black v. Solano Co.California Court of Appeal · 1931
- Charles Green Real Estate Co. v. St. Louis Mutual House Building Co. No. 3Supreme Court of Missouri · 1906
- High v. Bank of CommerceCalifornia Supreme Court · 1892
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