McDonald v. Cutter

Citations

• 120 Cal. 44
• 52 P. 120
• 1898 Cal. LEXIS 707

Syllabus

<p>Action by Assignee in Insolvency to Set Aside Transfer—Evidence—Deposition op Insolvent in Prior Action to Foreclose Lien—Subsequent Intervention op Defendant—Payment—Subrogation.—In an action by an assignee in insolvency brought against a transferee of the insolvent to set aside the transfer and recover the property transferred, a deposition of the insolvent taken in a prior action brought against the insolvent debtor by a third party to foreclose a lien on the same property is inadmissible; and it is not rendered admissible because the transferee intervened in such action subsequently to the taking of the deposition, and paid off and extinguished the amount of the lien for his own protection, there being no subrogation or privity thereby created between the transferee and the holder of the lien.</p> <p>Id. — Real Parties in Interest not op Record — Limits op Rule.—The rule that the court may look beyond the record to ascertain who arc real parties in interest not of record applies only to a person who voluntarily undertakes in whole or in part the prosecution or defense of an action between other parties in protection of his own interest, or in pursuance of some obligation which he has incurred, and does not apply to one, whatever his interest, who has not in any way aided or intermeddled in the action prior to the filing of a complaint for intervention, except by procuring a dismissal from the plaintiff, for the protection of his interest.</p>