McCollum v. Loveless

I. On September 19, 1934, the superior court denied an application by defendant to be permitted to foreclose his loan deeds under power of sale. On Eebruary 9, 1935, a similar application wras presented, and an order was granted permitting him to foreclose his mortgages. To the latter application the plaintiff filed a plea of res judicata, based upon the court’s ruling of September 19, 1934. The order, however, was not excepted to on this ground; and hence the contention of counsel, as asserted in the brief, that since both orders were rendered solely on a question of law, although…