MAINS v. CITY TITLE INSURANCE CO.

Docket No. S.F. 17984.

34 Cal.2d 580 (1949)

212 P.2d 873

MARY E. MAINS, as Administratrix, etc., Respondent, v. CITY TITLE INSURANCE COMPANY (a Corporation), Appellant.

Supreme Court of California. In Bank.

December 28, 1949.


Attorney(s) appearing for the Case

Tobin & Tobin and Richard Raoul-Duval for Appellant.

Roland Becsey and Joseph B. Bates for Respondent.


EDMONDS, J.

Certain real property owned by the estate of which Mary E. Mains is administratrix was sold by her in accordance with the procedure specified by the Probate Code. City Title Insurance Company, as the escrow holder through which the purchase price was paid, used a part of it without specific authority to satisfy a deed of trust of record. The appeal from the judgment adverse to the title company presents for decision...

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