Locke v. Porter Gold & Silver Mining Co.

Citations

• 41 Cal. 305

Syllabus

<p>Receipt of a Person not a Party as Evidence.—If A. executes a mortgage to B., to secure some of A.’s creditors, and B. seeks to enforce the mortgage, and a contest arises between him and other creditors of A., who claim-that the mortgage is fraudulent, B. may, for the purpose of showing that one of the persons, for whose benefit the mortgage waá given, paid money to a third person for A.’s benefit, introduce in evidence the receipt from such third person to the one paying the money. The fact that A. owed the person to whom the money was paid must, however, be shown by other evidence.</p>