Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-12-15

/ r0s6e5ls. Sak l1ariin.s 0o6in4 oESesd
and submitted evidence and proofS
and thereuf0n res5ed and that Henry
Andes ,0n, Washoe- County Bank ami
sthe defndants and each, Of them. hav-
| ing submitted evidence and proofs IN
support of the issues made by them
/ In their answers, the case was SUBJ
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
nor-payment of his mortgage, but that
/ he did not offer any in relation to
other facts alleged in the answer Of
| WashOe County Bank. The findings
! and decree in that action disposed Ut
/ the claims of these other defendants
| and 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 N the property
! was conveyed to Washoe County Bank
clear of Cuttings mortgage, and that
/ the latter was entitled to judgment
against the Pollocks and Powell for
/ the amount due on his note but not
to a degree of foreclosure. The find
! ings recite that defendant Gulling
| was made party to the action and
1 was duly served with process therein,
] and in due time filed 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,
/ or that would cut off his right by reason
| of the sale by the trustees which did
not take place until after he had filed
his answer. The court hound in both
actions that s8,S00.00, estimated 20
be tue amount due tie armerS' and
Mechanics Bank and notes held by
| Washoe County ,ank against the
Pollocks and Powe.4 for $4,000 I'M
secured after the execution of the
mortgage to Gulling, constituted the
consideration expresse,. at $14,000.00
for the deed from them to Washoe
County Bank, and that the property
was WORTH about that sum at the date
of the trustees sale AM 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 BY 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 Washoe
y County Bank. The district court was
Of the opinion that in thereafter suit
it did not have jurisdiction to make
the judgment effective in Quieting the
3 title Of appellant against Gulling,
Il and 1t has now entered Z decree OF
FORECLOSURES and sale to ssatisfr his
mortgage, from which this appeal is
taken. 1890. ~
Z The important questions under the
record ana eiabofatei 6nd interesting
briefs are whether the matters =
lating to the trustees sale determin-
ed In tho former action we're within
! the issues as between GulliqE and
q appellant, ind II they were Aot,
whether Ne waived thos framing s0f
issues 80 that he becauasoboaAds.6y
the decree. The efactss GATED ~ tie
complaint Of Farmera. and Mechanics
Il Swings Bank averfnE The exeeu{10A
& ofetHe trust deed were III denf6ds by
any of the parties TA6 stAtate, sst
} least in favor Of thas plaintiff. raissd
I aenials Of the fects, alleged in Gel