Spellacy
Spellacy v. Young
Opinion
Lead Opinion
Nourse, J.
This is an appeal in an action in inter-pleader instituted by the plaintiffs Spellacy and Mascot Oil Company, a corporation, against various defendants to determine the title to certain shares of stock of said corporation. The defendant C. S. Young answered and cross-complained against S. Wright Jewett, R. W. Kemp, and E. L. Foster, attacking their title to nineteen thousand four hundred shares of said stock upon the ground that the sheriff’s sale through which they obtained title was illegal and void. The defendant W. R. Williams, superintendent of banks of the state of California, answered and cross-complained against the said 0. S. Young, attacking his title to two thousand five hundred shares of the stock of said corporation as having been deposited with the Kern Valley Bank, a defunct banking corporation, by E. L. Foster, as security for the note of said Foster to the bank. An assignment, absolute in form, from Young to Foster was turned over to the bank when the note was made. Separate judgments supported by separate findings were entered in favor of the defendants Jewett, Kemp, and Foster against C. S. Young, and in favor of the defendant W. R. Williams, as successor in…