Davis

Action in replevin based upon the provisions of a chattel mortgage given by defendants to plaintiff.

The mortgage in question was given as the sole consideration for the sale by plaintiff to defendants of eighteen-head of dairy cattle, and covered not only the cattle sold, but also eleven other head owned by the defendants. By way of answer the defendants relied on their cross-complaint, wherein they seek to rescind and set aside the mortgage, so far as it pertains to the eleven head of cattle, upon the ground that the plaintiff procured and brought about the sale through false and fraudulent representations inducing the defendants to purchase the cattle.

The court sat with an advisory jury, as in the case of French v. Freeman, 191 Cal. 579 [ 217 Pac. 515 ], and made findings in favor of the plaintiff and against the defendants upon the cross-complaint, and entered judgment accordingly in favor of plaintiff. Prom this judgment defendants appeal.

In substance, the point urged by the defendants is that the court erred to the prejudice of defendants in failing to find upon certain material issues raised by the pleadings and sustained by the evidence. This contention, of course, if…