Tyler

Tyler v. Granger

Good Law
1 Cal. Unrep. 634
Supreme Court of CaliforniaAugust 5, 1870No. 2280California486 words

Opinion

Lead Opinion

Sprague, J.

— The alleged errors presented in appellant’s first six specifications, even if admitted to be well taken, resulted in no prejudice to appellants. The defendant’s answer in the nature of a cross-bill to redeem the premises from the lien to which they were subject in the hands of the plaintiff as trustee, as between the parties to this appeal, seems to have been sustained by the findings of fact and conclusions of law filed by the court; and the order thereupon made, referring the case to the court commissioner to take testimony therein, from which to determine the amount to which plaintiff as trustee was entitled for costs, expenses and services rendered in and about the business of collecting payment of the debt, for which he held the title of the premises in trust as security, was made by consent of both plaintiff and defendant. On the coming in of the commissioner’s report upon the matters referred, and a determination therefrom by the court of the amount so due and payable to plaintiff on redemption of the premises, as prayed for in appellant’s cross-bill, it was irregular and improper for the court to render a money judgment against defendants and in favor of plaintiff, as…

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