gno.law

Benner v. Troughton

California Supreme Court · · 1861-07-01 · Published · 17 Cal. 247

BENNER v. TROUGHTON and WIFE, J. B. WILSON and J. M. & D. F. ROLLINS, Intervenors

Area
civil
Panel
Joseph G. Baldwin (author)

Analysis

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Opinion — Baldwin

Baldwin, J. delivered the opinion of the Court Cope, J. concurring.

The errors assigned are technical exceptions, not sustained by the record, or the appellants cannot avail themselves of them—such as the alleged irregularity in Wilson’s mortgage. Wilson, it seems, set up his mortgage and prayed a sale of the property, and moved for judgment upon the findings. We think he cannot now object to the foreclosure of the mortgage as prayed for.

We see no substantial error in the decree.

It is affirmed.