Torres v. Lothrop, Luce & Co.

Citations

• 231 U.S. 171
• 34 S. Ct. 108
• 58 L. Ed. 172
• 1913 U.S. LEXIS 2554

Syllabus

<p>The due process clause of the Federal Constitution does not control mere forms of procedure provided only the fundamental requirements of notice and opportunity to defend are afforded. Louisville & Nashville R. R. Co. v. Schmidt, 177 U. S. 230.</p> <p>Where the appellate court is without authority to consider errors of the trial court, which were not there assigned, this court cannot reverse the appellate court for error in not deciding matters which it had no authority to pass on.</p> <p>Although proceeds of a crop received by a mortgagee of the land may by law be imputed to payment of interest on the mortgage and not to other advances, they may, under a special contract with the mortgagor and by his subsequent acquiescence, be applied to payment of advances instead of interest.</p> <p>In the absence of clear conviction of error, this court follows the conclusions of the court below in applying the local law.</p> <p>One who has transferred his mortgaged premises by deed recorded prior to the foreclosure suit cannot set the foreclosure aside on the ground that the court excluded testimony offered to show that the transfer was fictitious and that he was still the owner and entitled to notice.</p>