Flores

In this case a rehearing in the supreme court is asked on several grounds, some of which are not mentioned in the briefs, but are first raised in the petition to the district court of appeal for a rehearing in that court. It is our settled rule not to grant a rehearing to consider points not presented in the briefs or arguments upon which the casé was submitted for decision. (Payne v. Treadwell, 16 Cal. 247 ; Kellogg v. Cochran, 87 Cal. 200 , [12 L. R. A. 104, 25 Pac. 677 ]; San Francisco v. Pacific Bank, 89 Cal. 25 , [ 26 Pac. 615, 835 ]; Wilcox v. Luco, 118 Cal. 643 , [ 62 Am. St. Rep. 305 , 45 L. R. A. 579, 45 Pac. 676 , 50 Pac. 758 ].),

The petition for rehearing is denied.

Each action is for the foreclosure of a chattel mortgage and the two cases involve the same facts except as to-the amount of money involved and that in the first cause E. F. Stone is joined as a defendant as executor of the last will and testament of Marie M. Wilson, deceased, but no claim is made against said estate and all right to any personal judgment against said estate is waived.

*106 ■ The cause of action in the two cases grows out of the execution of three notes. The two involved in the first action were executed by defendants E. F. Stone and said Marie M. Wilson, deceased. To secure the payment of such notes said Wilson executed a chattel mortgage covering a large amount of household furniture constituting the equipment of a lodging house carried on by her. The other note was for two hundred dollars and to secure it a chattel mortgage was given by the said defendant Stone on certain livestock therein described, together with any interest in the property described in the other mortgage which might be necessary for the payment of the note after discharging the first obligation. Appellant Stone admits the execution of all' of the notes and that default was made in the…

Each action is for the foreclosure of a chattel mortgage and the two cases involve the same facts except as to the amount of money involved and that in the first cause E. F. Stone is joined as a defendant as executor of the last will and testament of Marie M. Wilson, deceased, but no claim is made against said estate and all right to any personal judgment against said estate is waived. *Page 106 The cause of action in the two cases grows out of the execution of three notes. The two involved in the first action were executed by defendants E. F. Stone and said Marie M. Wilson, deceased. To secure the payment of such notes said Wilson executed a chattel mortgage covering a large amount of household furniture constituting the equipment of a lodging house carried on by her. The other note was for two hundred dollars and to secure it a chattel mortgage was given by the said defendant Stone on certain livestock therein described, together with any interest in the property described in the other mortgage which might be necessary for the payment of the note after discharging the first obligation. Appellant Stone admits the execution of all of the notes and that default was made in the…