Washburn v. Wilkinson

Appeal from a judgment for the plaintiff, and from an order denying a new trial in the Superior Court of Sacramento County. Denson, J.

The action was brought to foreclose four mortgages, one of which contained the provision that the mortgagors should keep the improvements on the mortgaged premises insured for two thirds of their cash value, and that upon their default in doing so the mortgagee might cause the same to be insured at the expense of the mortgagors, and that the mortgagors would, on demand, repay the mortgagee all sums which might be paid for any insurance on the premises, and that the mortgage should stand as security for the repayment of such sums. The amended complaint was filed August 26, 1880, and contains no allegations with reference to payments on account of insurance. On the trial two policies of insurance, dated respectively September 6, 1880, and September 4,1881, were admitted in evidence over the objection of the defendants that the same were irrelevant and not authorized by the several mortgages described in the complaint, and were issued after this action was commenced; and the plaintiff testified that she had paid the premiums mentioned in the two policies, amounting to the sum of two hundred and thirteen dollars and fifty-five cents, and this sum was allowed in the findings and in the judgment.