Sacramento & Placerville Railroad v. Superior Court of San Francisco

Citations

• 55 Cal. 453

Syllabus

<p>Receiver — Jurisdiction — Mortgage — Deed oe Trust — Railroad.—Tho Sacramento and Placerville Railroad Company executed a mortgage or deed of trust upon its property to two trustees, to secure the payment of the principal and interest of certain bonds, and it was provided that upon default in the payment of the principal of the bonds, or upon default for one year in the payment of the interest, the trustees should take possession of tho property, and apply the net income to the payment of the principal and interest of the bonds. Default having been made, an action was brought by the surviving trustee to enforce the lien and trust, and to obtain possession of the property, and a receiver was appointed. IMd, upon an application of the successor in interest of the mortgagor for a writ of prohibition, that the case came within the provision of subdivision C, § 564 of the Code of Civil Procedure, and that the Court had jurisdiction to make the order.</p>