Continental Bldg. Etc. Assoc. v. Boggess

This is an action to foreclose a mortgage given by Emma A. Boggess and Riley A. Boggess to plaintiff to secure the payment of a promissory note for three thousand dollars. The defendants had judgment, from which, and from an order denying a motion for a new trial, plaintiff appeals.

Upon a former appeal (Continental Building & Loan Assoc. v. Boggess, 145 Cal. 30, [78 Pac. 245]), this court reversed a judgment of foreclosure entered in favor of plaintiff. That judgment followed an order of .the trial court striking out certain allegations of the answer of the defendants. The holding on appeal…