In re Harris v. Pacific Mutual Life Insurance

The respondent moved to dismiss the appeal or affirm the judgment under rule V, section 3.

On July 20, 1935, in Los Angeles County, W. S. Harris filed a petition for relief under the Mortgage and Trust Deed .Moratorium Act of 1935. (Stats. 1935, p. 1208.) The petition therein showed that in August, 1932, the Imperial Crawford Company executed its note for $67,500 to the Pacific Mutual Life Insurance Company of California. To secure the payment of the note it also executed a deed of trust on certain lots in Los Angeles County, and certain more extensive lands in Imperial County devoted to agriculture. The petitioner Harris succeeded to the rights and liabilities of Imperial Crawford Company on the note and trust deed. A trustee’s sale originally noticed for December 16, 1933, became imminent, and on July 20, 1935, the petitioner commenced the present proceeding for an extension of time. The application was resisted by a motion to dismiss the proceedings on the ground that the same should have been commenced in Imperial County, where the major portion of the property was situated (Stats. 1935, p. 1208, sec. 2), instead of in Los Angeles County; and on the further ground that…