Palmer v. Guaranty Trust & Savings Bank

Appeal by defendant from a judgment entered in favor of plaintiff.

The action is to recover upon a claim against the estate of J. F. McDermott, deceased, presented to the executor and by it rejected. As appears from the complaint, the claim grew out of the fact that plaintiff borrowed from deceased three hundred dollars and by grant deed, intended as a mortgage to secure same, conveyed to the lender a certain lot upon which the grantee gave a mortgage for a loan procured by him and thereafter conveyed his equity in the lot in exchange for other property. The claim was for the sum of $1,154.40, alleged to be the difference between what McDermott received for the property and the sum due him on the loan so made to plaintiff.

The appeal is had and taken under the alternative method, and while appellant in its brief directs attention to a number of rulings which it insists are errors committed by the court and upon which it bases an argument for reversal, it has neglected to print in its brief the parts of the record -necessary to illustrate the points made, as required by section 953c of the Code of Civil Procedure, and without reference to which its argument is unintelligible.…