Baker v. Byerly
Supreme Court of Minnesota
Appeals by plaintiffs from two judgments of the district court for Anoka county, where the actions were tried, by Young, J. Each suit was brought to cancel a deed, and in each case the defendant Annie E. Byerly alleged the deed to be a mortgage and asked for a foreclosure.
1Opinion of the CourtGileillan, C. J.
There is no bill of exceptions or statement of the case in the record. We cannot, therefore, consider the point that some of the facts found are not pleaded; for, as has been frequently decided, the parties may by consent litigate matters not in the written pleadings,- and, if they do so, they are bound by the result, the same as though such matters were pleaded. And, as the proceed*490ings of the trial courts are presumed to be regular, it will be presumed, in the absence of a bill of exceptions or statement of the case showing the contrary, that the parties by consent litigated all the facts…
2Cited by2 opinions
- Stevens v. StevensSupreme Court of Minnesota · 1900
- Deiber v. LoehrSupreme Court of Minnesota · 1890