Estep v. Croll

Mr. Chiep Justice Burke

delivered the opinion of the court.

These parties appear here in the same order as in the trial court and are hereinafter referred to as there, or by name.

This was a suit to enjoin foreclosure of a deed of trust to the Bye ranch on the ground of contract to the contrary. The defense was that the contract was void for fraud. Trial was to the court and judgment for defendant on the ground pleaded. To review that judgment plaintiffs prosecute this writ. Of the seventeen assignments but two are argued and to these we confine our examination. (1) The court erred in holding a…