#### Nicholas E. May, appellee, v. Frank T. Kennedy et al., on appeal of Catherine Mercer and Thomas H. Mercer, appellants.

Gen. No. 27,776.

Suit to establish in complainant the ownership of a second mortgage and trust deed and to enforce his rights under the foreclosure proceedings of the first mortgage. Decree for complainant. Appeal from the Superior Court of Cook county; the Hon. Charles M. Poell, Judge, presiding. Heard in this court at the March term, 1922.

Affirmed.

Opinion filed December 11, 1922.

Rehearing denied December 22, 1922.

Certiorari denied by Supreme Court (making opinion final).

Henry P. Heizer, for appellants. Elmer J. Schnaekenberg and Alfred O’Connor, for appellee.

M?. Presiding Justice McSurely

delivered tbe opinion of the court.