
    Durbin v. Conner.
    
      Thursday, May 30,
    APPEAL from the Shelby Common Pleas.
   Per Curiam.

This was an action by Conner against Durbin, to foreclose a mortgage upon real estate. The defendant, though duly served with process, failed to appear, and was regularly defaulted; but no motion appears to have been made, in the Court below, to set aside tbe default. This appeal is, therefore, not properly before us. 9 Ind. 236; 12 id. 558; 11 id. 439; 13 id. 430.

Ben. F. Davis, for the appellant.

The aPPea^- dismissed, with costs, &C.  