Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-12-16

washoe County Bank had succeeded
to the interest Of plaintiff, thereupon
rested. That Martin 0uiting offered
and submitted evidence and proof
and 7hekeup0n tssredz and. that Henry
Andes IN. Washoe County Bank AMI,
the ,defndants and each Of them hay
| ing submitted evidence and proofs n
support of the issues made by then
| in their answers, the case. was sub
mitted to the court. The fair In
ference from the language and from
the fact that he was. first to submit
proofs is that he introduced evidence
to support the allegations of his. ans
wer which averred the execution and
n6n-payment Of his mortgage, but that
] he did not offer any in relation 10
other facts alleged in the answer ri
Washoe County Bank. The findings
! and decree in that action disposed Of
| the claims of these other defendants
ana found and declared that the sale
and deed made by the trustees was in
accordance with the. terms of the
| trust deed and that BY such sale and
| deed all the interest l.. the property
| was conveyed to Washoe County Bank
clear of Cuttings mortgage, and that
| the latter was entitled to q Judgment
| against the Pollocks and Powell for
tue amount due on his note but not
to degree of foreclosure. The find
| ings recite that defendant Gulling.
| was made a party to the action. and
was duly served with process therein,
and in due time fled his answer to
plaintiffs complaint, but it does not
appear that there was any other SER
vice upon him, or issue made that
rendered him liable beyond the allie
cations and demands of the complaint.
| orthat would cut off his right by reason
of the sale by the trustees which did
not take place until after he had fled
his answer. The court found in both
| actions that $S,80000, estimated 60
be the amount due tue armers' and
Mechanics Bank and notes held by
Washoe County ,ank against the
! Pollocks and Powel4 for $4,000 I'M
! secured after the execution of the
+, mortgage to Gulling, constituted the
consideration expressed at $14000.00
| for the deed from them to Washoe
I County Bank, and that the property
was worth about that sum at the date
of the trustees sale anu the time of
the trial
A blank space in the decree in the
first action for judgment in the
amount owing by the Pollocks and
Powell to Gulling on his note and
mortgage remains untitled. The case
now before the Court was brought by
Martin Gulling on June 9, 1902 against
Washoe County Bank as grantee to
foreclose his mortgage so executed
on the premises by the Pollocks and
Powell before they decided to defend
ant, and is now prosecuted by the rep
resentatives of his estate. The de-
PENDANT pleads ~ way of estoppel
the judgment in the former action and
claims that by it Gulling was, and his
executors are barred and foreclosed
of all right to proceed against Washos
County Bank The district court was
Of the opinion that in the earlier suit
1t did not have jurisdiction to make
= the judgment effective in quieting the
title Of appellant against JGulling.
and it has nov entered . decree ol
foreclosure and sale to satisfy his
I mortgage, from which tkl6 appeal Il
taken.s9 50 -vrsd sAref - ru
The important questions sander the
record and elaborate and interesting
briefs are whether the matterS =
latfng to the trustees oa1e dotefmin.
ed In the former actfoaI Wsre Nithih
the, Issues - between Qylli1g and
appellant. and Il thH, we're. NJ,
whether he waived the framing Of
I issues 50 that Ne 6e6inA N6aId -
the deeree The fAet6l 6e666a q the
tcDmplaint. q yAxmec1s and M6chSMi:j1
Savings Bank eyeEilG,i tAN AHeel4t491
a tho trust deed we've, 1N denied 81