Zdarsky

In this case, as in many others of like character, the appellant is attempting to predicate error on a consent order overruling a demurrer to the complaint. This, of course, is not permissible.

A witness for the appellee testified that !he was a former owner of the tract later sold to the appellee, and that the property was sold at foreclosure sale for about $2,600. On cross-examination he further testified that the sale was made subject to a prior mortgage in the sum of $3,500. This testimony was apparently offered for the purpose of showing, or tending to show, the value of the property. Some of the testimony went in over objection and exception, and the rulings of the court are assigned as error. In admitting the testimony in the first instance the court ruled that the questions were preliminary only, but, when it became apparent that the purpose of the offer was to show the value of the property, the objections were sustained, the court stating that a forced sale was no evidence of value. No request to strike the testimony was made, nor was there any request for an instruction to disregard it. Under such circumstances, the ruling of the court in admitting the testimony was…