Smith v. Goethe
147 Cal. 725 ·
Supreme Court of California · Filed
Published · citable
Holding
The court held that an administrator who, through an agent, purchases a mortgage debt against the estate and forecloses upon estate property, cannot claim title against the estate but instead holds that title as a constructive trustee, obligated to reconvey upon repayment of the legitimate debt owed.
Statutes construed
- CIV § 2228
- CIV § 2229
- CIV § 2230
- CIV § 2263