Treat v. Dorman

Citations

• 100 Cal. 623
• 35 P. 86
• 1893 Cal. LEXIS 843

Syllabus

<p>Appeal by Successful Party—Relief Not Prayed for—Intendments in Support of Judgment.—Upon an appeal from a judgment upon the judgment-roll alone without a bill of exceptions, where it appears that the party appealing was granted all the relief he asked, his contention that he was entitled to other relief consistent with the case made by his pleadings and embraced within the issues cannot be considered, every intendment being in favor of the regularity of the judgment.</p> <p>Mortgage—Growing Crops—Rights of Subsequent Mortgagee of Crops—Segregation.—A mortgage purporting to convey the land with the “rents, issues, and profits thereof” covers not only the land, but the growing crops as well, and gives the mortgagee the abstract right, upon foreclosure, to have the entire property sold; yet as between the mortgagee and a subsequent mortgagee of the crops alone it is proper for the court, at the request of the latter, to segregate the crops in order that the surplus, if any, after satisfying the sum secured by the prior mortgage, may be applied to the extinguishment of the subsequent mortgage.</p>