Appeal—Unprinted Record—Failure to Print Essential Portions of Record in Briefs.—Where an unprinted record on appeal is made up in the manner prescribed by section 953a of the Code of Civil Procedure, the parties must, in their briefs, or in a supplement thereto, print such portions of the record as they desire to call to the attention of the court. Failure to conform with this requirement would justify the appellate court in refusing to examine the record at all.

Resulting Trust—Agreement to Advance Monet for Heirs in Purchase of Mortgage Against Estate—Purchase at Foreclosure Sale.—Pending the foreclosure of a mortgage against the estate of a deceased mortgagor, the defendant agreed with the heirs that he would advance for them the money to buy the mortgage, and would buy it therewith; that he would then have himself substituted in the suit as plaintiff, obtain judgment by default against the estate and heirs for the foreclosure thereof, cause execution to issue thereon, buy the land in his own name at the foreclosure sale for the amount of the mortgage debt, interest, and costs, obtain the foreclosure deed thereunder to himself at the expiration of the period of redemption, and thereafter hold the land in trust for the benefit of the estate and the heirs, it being agreed by them that they would repay him the amount advanced in the transaction, together with legal interest thereon. In pursuance of this arrangement, he purchased the mortgage and, as arranged, acquired the title to the land under the foreclosure sale. Held, that the consideration for the purchase of the mortgage and of the land at the foreclosure sale, must be deemed to have been paid by the heirs, and that a resulting trust was created accordingly.

Id.—Action to Enforce Trust—Personal Representative of Estate a Proper Plaintiff.—In an action to enforce such trust, the personal representative of the deceased mortgagor is properly joined as a party plaintiff with the heirs.