The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-09-14
THE WHITE MORTGAGES.
Attorney Lynch Writes to State
the Position of Parties
to a Suit.
What the Records of the Superior
and Supreme Courts Show
in the Matter.
; following letter is self-explanatory

The following letter is self-explanatory {:
Editor CalG-DEAR SIR: On September IL you
published an article under the title ''To Avoid
The Alimony," in which 1t is charged that
three mortgages executed by George E.White-
one to the Sun Insurance Company for $40 000
one to H. T. Fairbanks for $4,000 and one to ].
NJ. Costigan OF Costigan, Cohen d Co. for $500
are now in process of foreclosure and are
being resisted parts of general fraud by
Mrs White and w. T. Smith, the receiver; and
the article pdrports TO give some statements
contained in one of the receivers pleadings in
these suits. Permit me to call your attention
to the following facts shown by the records of
the Superior Court and the Supreme Court:
The mortgage to the Sun Insurance Com
pany for SIC, 900 was made upon an order of
the divorce court, entered August g. 1885, in
Minute-book %, page 693. Department l of
the Superior Court. That order was made
after full investigation and bitter resistance
on the part of Mrs. White. The money was
paid by the Sun Insurance Company upon
Whites orders to various creditors and per-
sons, and the fact of that payment and the
amounts paid to the various persons was in
vestigated fully by the courts referee, Harry
T. Creswell, on the 18th day of Septem-
Der, 1891, and following; the whole evidence
was reported IN writing to the court, 1t was
shown that the Sun Insurance Company
paid $4,000 to White, that White had paid it
out to his creditors, and the referees report
was confirmed by the court.
upon an order OF the divorce court upon appli-
cation OF White to permit him to make a
mortgage and secure the payment of $4,000
borrowed by White for The purpose of paying
ahmony to his wife in the month of February,
1891. The $4,000 was paid to Mrs. White We
have her attorneys receipts for it. The matter
was fully investigated by. the court, and the
court made the order confirming the NOR tgage
given on June "a, 1891. Mrs. White appealed
from that order to the Supreme Court, and the
Supreme Court confirmed that order on June
8, 1888 the opinion being published in the
80 Pacific Reporter, page 400; not published
in the Official Reports.
The mortgage of ]. M. Costigan was made
upon an order of the divorce court in 1891,
which had appointed Harry I. Creswell, now
the City and County Attorney, as referee to
take evidence in the divorce suit. The referee
asked that an order be made requiring White
to pay $500 as referees fees and expenses.
The application for this order was backed up
by Mrs. White and her attorneys. Upon full
hearing by the court, and 1t appearing that
court made an order that White borrow the
money upon mortgage and note. White Dor
rowed the money from j. NJ. Costigan. 1t was
Immediately paid over to the referee, Harry 7.
CresswelI, and Costigan took note and mort
gage on December IL, 1891, the mortgage being
upon the same property already mortgaged to
Fairbanks. Mrs. white was dlssatsneo with
gage. She took an appeal to the Supreme
Court, and the Supreme Court affirmed the
order on March "a, 1893, the opinion being
published in the ninety-seventh CAL, page 6O4.
These are the three mortgages now being
foreclosed, and the foreclosure OF which Mrs.
White and her.receiver are now resisting upon
general charges OF fraud.
These are the three mortgages which have
been referred to in the article of September IL
and one or two prior articles of the same sub
ject. You will therefore see that one of the
parties MRS. White) alleging the fraud in the
execution of these mortgages has already had
full hearing in court upon the matter and
that the articles, especially OF September IL,
are calculated to do injustice unless accom-
panied with this explanation. Very respect
fully yours, EDWARD LYNCH,
Attorney for II. T. Fairbanks.