Baldwin

Palomas Land & Cattle Co. v. Baldwin

Good Law
189 F.2d 936·1951 U.S. App. LEXIS 3245
United States Court of Appeals for the Ninth CircuitMay 29, 195112692California1,084 words

Opinion

Opinion

Mathews, J.

Arthur D. Baldwin, a citizen of Ohio, was at all pertinent times the sole surviving trustee of an express trust of which Palomas Land & Cattle Company, a California corporation, hereafter called Palomas, and Security-First National Bank of Los Angeles were beneficiaries. On and prior to March 30, 1950, Baldwin, as such trustee, had in his custody and possession $5,488.11 to which Palomas claimed to be entitled and to which Louis A. Scott, John L. Rasberry and James F. Hulse, citizens of Texas, also claimed to be entitled, the claim of Palomas being adverse to that of Scott, Rasberry and Hulse. On March 30, 1950, Baldwin deposited the $5,488.11 in the registry of the District Court for the Southern District of California, there to abide the judgment of the court, and brought there a civil action of interpleader or in the nature of interpleader. See 28 U.S.C.A. §§ 1335 , 1397, 2361. The court issued its process for all the claimants (Palomas, Scott, Rasberry and Hulse) and entered its order restraining them from instituting or prosecuting any proceeding in any State or United States court affecting the $5,488.11 until further order of the court. Thereafter the court heard the case,…

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