Torres v. Lothrop, Luce & Co. - 231 U.S. 171 (1913)


U.S. Supreme Court

Torres v. Lothrop, Luce & Co., 231 U.S. 171 (1913)

Torres v. Lothrop, Luce & Company

No. 17

Argued October 31, 1913

Decided December 1, 1913

231 U.S. 171

Syllabus

The due process clause of the federal Constitution does not control mere forms of procedure provided only the fundamental requirements of notice and opportunity to defend are afforded. Louisville & Nashville R. Co. v. Schmidt, 177 U. S. 230.

Where the appellate court is without authority to consider errors of the trial court which were not there assigned, this Court cannot reverse the appellate court for error in not deciding matters which it has no authority to pass on.

Although proceeds of a crop received by a mortgagee of the land may by law be imputed to payment of interest on the mortgage, and not to other advances, they may, under a special contract with the mortgagor and by his subsequent acquiescence, be applied to payment of advances instead of interest.

In the absence of clear conviction of error, this Court follows the conclusions of the court below in applying the local law.

One who has transferred his mortgaged premises by deed recorded prior to the foreclosure suit cannot set the foreclosure aside on the ground

Page 231 U. S. 172

that the court excluded testimony offered to how that the transfer was fictitious, and that he was still the owner, and entitled to notice.

16 P.R. 172 affirmed.

The facts, which involve the validity of a sale of real estate in Porto Rico made in judicial proceedings for the foreclosure of a mortgage, are stated in the opinion.

Page 231 U. S. 173



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