Randall v. Buffington
Citations
- 10 Cal. 491
Syllabus
<p>There is no rule of law which prevents a debtor, in insolvent circumstances, from the application of his property to the payment of one debt rather than another.</p> <p>Where the defendant was indebted in the sum of $1000, which he secured by a mortgage on his homestead, and some time afterwards became insolvent, and after several attachments had been issued in suits against him, and levied on his store, he took 'money which he had and paid off the debt secured by the mortgage: Held, that the payment was not an act to hinder, delay, and defraud his creditors.</p> <p>The removal of the lien from the homestead was but the consequence of an act lawful in itself.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- new trial appropriate where a juror, who had twice been convicted of larceny of automobiles, obtained his place on jury by fraudulently impersonating his father and there was no showing of a lack of diligence in raising the challenge to the juror
Source: CourtListener parenthetical corpus (CC0).
Judges: Field
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