#### JAMES MANN et al. v. H. J. KENNEDY, Trading as C. H. Fowler & Co.

(Filed 5 October, 1927.)

Appeal by defendant from Grcmmer, J., at May Term, 1927, of Pamlico.

Civil action by one mortgagor and the representatives of another to recover of the mortgagee the excess for which the mortgaged premises, when sold under foreclosure, brought over and above the mortgage debt.

*795Upon tbe facts found by bis Honor, by consent sitting as both judge and jury, judgment was entered for tbe plaintiffs. Defendant appeals, assigning errors.

F. G. Brinson for plaintiffs.

Z. V. Bawls and Ward & Ward for defendant.

Pee Cueiam.

Out of a confused record one fact at least seems clear, to wit, tbat no reversible error bas been made to appear. Tbe rights of tbe parties are dependent upon tbe facts, wbicb bave been found against tbe defendant.

No error.