
    Barber v. Tryon & Price.
    Practice in the supreme court.
    
      Appeal from Jones District Court.
    
    Tuesday, December 11.
    Action in equity to recover, of the defendants a certain sum of money and to establish the judgment as a lien upon certain mortgaged land from the date of the mortgage. The court rendered judgment for the amount claimed. Defendants appeal.
    
      Monroe <& Herrick and G. W. field, for appellants.
    
      Sheean <& McCarn, for appellee.
   Adams, J.

No motion or order was made that the case be tried upon written evidence. The case is not therefore triable de novo. No errors are assigned, and the appellee moves to affirm for want of such assignment. The motion must be sustained.

Affirmed.  