People v. California Safe Deposit & Trust Co.

Appellant, by his general guardian, filed a petition in the proceedings in insolvency and liquidation pending against the California Safe Deposit & Trust Company, a corporation, to obtain a decree determining that he is entitled to share in the proceeds to be realized out of certain mortgages, executed and made by said “Trust Company to the treasurer of the state of California, under the provisions of the act entitled ‘An act authorizing certain corporations to act as executor and in other capacities, and to provide for and regulate the administration of trusts of said corporations,’ ” (approved April 6, 1891, [Stats. 1891, p. 490], and amended from time to time thereafter. See Appendix to DBering’s Code, ed. of 1909, p. 800.)

The “Trust” company, the receiver, and the state treasurer were made parties to the petition.

The receiver of said “Trust” company filed a general demurrer to appellant’s petition, which the court sustained; and petitioner declining to amend his petition, judgment was thereupon entered against petitioner dismissing his petition. From this judgment petitioner in due time appealed to this court.

The “Trust” company ever since its incorporation in 1882 has…