California Supreme Court, 1861

Benner v. Troughton

Benner v. Troughton
California Supreme Court · Decided July 1, 1861 · Baldwin
17 Cal. 247

Benner v. Troughton

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.