Henderson v. Dwyer

BICKLEY, G. J., and WATSON, J.

(concurring).

We agree that the judgment should be affirmed on the theory that appellant (plaintiff) had agreed to look first to the RobertsStaeden-Brill note before resorting to the mortgage.

That appellant did so agree is not entirely clear from the findings. But findings are not to be so strictly construed as pleadings, and, if any reasonable meaning will support the judgment, it will be adopted. Fraser v. State Savings Bank, 18 N. M. 340, 137 P. 592; McKinley County Abstract & Investment Co. v. Shaw, 30 N. M. 517, 239 P. 865; La Luz Community Ditch Co. v.…