Hurt v. Wilson
California Supreme Court
Appeal from the District Court of the Twelfth District, City and County of San Francisco. The complaint alleges that the defendant, Wilson, being indebted to one James C. Zabriskie and his associates in a certain mining enterprise, in the sum of $1,500, for the purpose of securing the payment of the same, executed a conveyance of certain described tracts or parcels of land to the said Zabriskie, in trust for himself and the said co-creditors of the said Wilson.
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Appeal from the District Court of the Twelfth District, City and County of San Francisco. The complaint alleges that the defendant, Wilson, being indebted to one James C. Zabriskie and his associates in a certain mining enterprise, in the sum of $1,500, for the purpose of securing the payment of the same, executed a conveyance of certain described tracts or parcels of land to the said Zabriskie, in trust for himself and the said co-creditors of the said Wilson. That afterwards the said creditors of Wilson, for value received, transferred and assigned said indebtedness of $1,500 to the…
1Opinion of the CourtSawyer, C. J.
The complaint states a good cause of action against Wilson, and his motion to dismiss was properly denied. The assignment of the debt to the plaintiff carried with it the security, and entitled him to a judgment for sale of the premises to pay the debt, independent of the second mortgage by the trustee. Had Zabriskie made no mortgage, the plaintiff would have been entitled to the relief obtained upon the allegations of the complaint and the facts found by the Court. The only sum recovered was the original indebtedness, with interest at the legal rate, and the costs of suit. The plaintiff was…
2Cited by6 opinions
- Cockerell v. Title Insurance & Trust Co.California Supreme Court · 1954
- Union Supply Co. v. MorrisCalifornia Supreme Court · 1934
- Schlieman v. BowlinSupreme Court of Minnesota · 1886
- Credito y Ahorro Ponceno v. GorbiaCourt of Appeals for the First Circuit · 1928
- Cockerell v. Title Insurance & Trust Co.California Supreme Court · 1954
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