Sylvester v. Kirkpatrick

THE COURT.

On May 16, 1947, the attorneys for appellants filed an affidavit in this court (without compliance with the Rules on Appeal relating to augmentation of the record) in which it is averred that during the trial of this case one of the attorneys for respondent stipulated that appellants could have 60 days after the judgment became final to redeem. The record reveals that the attorney merely offered such a stipulation. His offer was not accepted. It is further averred that on June 2, 1945, appellants paid to the prop'er constable an amount sufficient to redeem. The last day of trial was May 28, 1945, and there is nothing in the record to show that any *453of these facts were called to the attention of the trial court prior to the entry of the modified judgment on January 4, 1946. Nothing said in the opinion heretofore filed should be interpreted to affect any rights based on facts not before the trial court. With this explanation both petitions for rehearing are denied.

Appellants’ petition for a hearing by the Supreme Court was denied June 30, 1947. Traynor, J., voted for a hearing.