#### LEE FLAKE v. THE HIGH POINT PERPETUAL BUILDING AND LOAN ASSOCIATION et al.

(Filed 10 May, 1933.)

Mortgages H p—

Where a mortgagee has received the surplus after foreclosure and has rented the land from the purchaser, any rights he may have on account of alleged wrongful foreclosure are waived by ratification.

Appeal by plaintiff from Stack, J., at January Term, 1933, of Guilpord.

Civil action to recover damages for alleged wrongful foreclosure of deed of trust on plaintiff’s land.

From a judgment of nonsuit entered at tbe close of tbe evidence, tbe plaintiff appeals, assigning errors.

Garland B. Daniel, S. G. Daniel and George A. Younce for plaintiff.

Dalton & Piclcens for defendants, High Point Perpetual Building and Loan Association and V. A. J. Idol, trustee.

Walter E. Orissman for defendant, G. Edwin Hedrick.

Pee OueiaM.

Tbe plaintiff has received benefit of tbe surplus proceeds derived from tbe sale of tbe property, and voluntarily rented tbe premises from tbe purchaser, hence, it would seem tbat any rights be may have bad on account of tbe alleged wrongful foreclosure have been waived by bis ratification.

Affirmed.