Bethel v. Robinson

Citations

• 4 Wash. 446
• 30 P. 734
• 1892 Wash. LEXIS 244

Syllabus

<p>MORTGAGES — E JREOLOSURE — PLEADING—DEMURRER—-ERRORS NOT RAISED IN TRIAL COURT.</p> <p>In an action to foreclose a mortgage on real estate, a complaint is sufficient which states the title of the cause, name of the court, name of the county in which the action is brought, name of the parties to the action, and gives a plain and concise statement of the execution of a promissory note for the amount claimed, the execution of a mortgage to secure same, time of maturity of the note, its non-payment, and the plaintiffs are the owners and holders of the note.</p> <p>Where the record shows that, after a motion for judgment on the pleadings had been sustained, evidence was introduced by the plaintiff in support of his cause of action, and upon said evidence the court based its conclusions of fact, it will be presumed on appeal that the motion for judgment on the pleadings was considered and treated by the court as a demurrer to the answer.</p> <p>An appellant cannot assail for the first time in the supreme court errors which it was his right to have had corrected in the court-below.</p>