Opinion
No. 26606.
February 4, 1936.
(Syllabus.)
Appeal and Error — Reversal — Failure of Defendant in Error to File Brief.
Where plaintiff in error has served and filed its brief in compliance with the rules of this court, but the defendant in error has neither filed a brief nor offered any excuse for his failure to do so, the court is not required to search the record to find some theory upon which the judgment of the trial court may be sustained, but may, where the authorities cited in the brief filed, appear reasonably to sustain the assignments of error, reverse the clause with directions.
Appeal from District Court, Kiowa County: Jno. B. Wilson, Judge.
Action by the American Savings Loan Association of Anadarko against J.E. Watson to foreclose a mortgage. From the proceedings on confirmation of sale, plaintiff appeals. Reversed and remanded, with directions.
Morris Wilhite, for plaintiff in error.
Clarence Hunter, for defendant in error.
In this cause, the plaintiff obtained a judgment in foreclosure and sold the premises, bought them in and filed his application for an order confirming the sale. The court ordered the sheriff to withhold the deed until the plaintiff remitted the excess between the judgment and the amount bid. Of this order the plaintiff in error complains on appeal and has filed a brief which reasonably supports its contentions of error. Defendant in error has filed no brief and offers no excuse for such failure. On the face of the record and the brief of plaintiff, we are reasonably assured of the error of which plaintiff complains. We are not required further to search the record to find some theory to sustain the defendant below.
The cause is reversed and remanded, with directions to vacate the order of confirmation entered and to enter an order confirming the sale without relation to the excess judgment, as prayed for in the petition in error.
McNEILL. C. J., OSBORN, V. C. J., and RILEY, BUSBY, and PHELPS, JJ., concur.