Gould v. Adams

Citations

• 108 Cal. 365
• 41 P. 408
• 1895 Cal. LEXIS 868

Syllabus

<p>Appeal—Law of Case. —Where a judgment has been reversed on a former appeal on the same state of facts which appear on a second appeal, the decision of the former appeal is the law of the case upon the second appeal.</p> <p>Findings—Immaterial Omission.—Where the facts found sustain the judgment, an omission to find upon immaterial issues, a finding on each of which in favor of the other party would not necessitate any change in the judgment rendered, is not ground for a reversal.</p> <p>Mortgage—Execution Before Delivery of Deed to Mortgagor—Priority of Mortgage for Purchase Money—Foreclosure — Amended Answer—Motion to Strike Out.—In an action for the foreclosure of a mortgage executed before the delivery of a deed to the mortgagor, where the effect of an original answer and cross-complaint of a defendant claiming under a mortgage for purchase money, as construed upon a former appeal, was to deny that the deed to the plaintiff had been delivered when the mortgage for the parchase money was executed, and it was held upon the former appeal that such nondelivery made the mortgage for the purchase money prior to the plaintiffs mortgage, an amended answer upon a second trial, which expressly denies that the deed was delivered at the time of the execution of the mortgage for the purchase money, cannot he stricken out as inconsistent with the original answer and cross-complaint.</p>