First National Housing Trust Ltd. v. Superior Court

An original application for a writ of prohibition to the Superior Court of the City and County of San Francisco and to Eugene M. Levy, a receiver appointed in an action pending therein.

The petition—the averments of which are admitted by the respondents’ demurrer—alleges that petitioner, First National Housing Trust Limited, is a trust estate organized under the laws of Nevada; that petitioners A. E. Lasker and H. L. McAllister are its trustees; that petitioner first named on or about January 22, 1927, by deeds from B. E. Priem became the owner in fee of several parcels of real estate and certain personal property described in the petition, one of the parcels of real property being situated in Alameda County and the others in different counties in California. It also appears from the petition and the exhibits attached that before the execution of the above transfers B. E. Priem commenced in respondent court an action for divorce against Fannie F. Priem, his wife, to which the latter filed her answer, with a cross-complaint by which a divorce from Priem was sought together with a division of the community property of the marriage. On December 24, 1926, the court ordered judgment…