Majority
p. 966Peter Mager, Resp’t, v. The Metropolitan El. R. Co. et al., App’lts.
Headnote
Appeal by efendants from a judgment entered upon the report of a referee.Davies & Rapallo, for app’lts; Sackett & Bennett, for resp’t.
The referee has not found, and the appellants in the points submitted by them have not shown that, as matter of fact, there is any mortgage or lien upon the property in suit.
The judgment is right upon the merits and the exceptions of the appellants are wholly untenable.
The judgment should be affirmed, with costs.
Sedgwick, Ch. J., Freedman and McAdam, JJ., concur.