
    Thomas H. Barnes et al., appellees, v. Earl C. Barker et al., appellants.
    Filed February 17, 1925.
    No. 23528.
    Moot Appeal: Dismissal. A moot appeal may be dismissed at the costs oí appellant.
    Appeal from the district court for Box Butte county: William H. Westover, Judge.
    
      Appeal dismissed.
    
    
      Frost & Kinsinger and Eugene Burton, for appellants.
    
      Lee Basye, contra.
    
    Heard before Morrissey, C. J., Rose, Day and Good, JJ., Redick ana Shepherd, District Judges.
   Rose, J.

This is a proceeding by vendees to vacate a decree foreclosing a contract for the purchase of land and to grant a new trial on account of fraud perpetrated by vendors in procuring the foreclosure. The trial court sustained a demurrer to the petition and dismissed the proceeding. Vendees have appealed.

The judgment which vendees allege was procured by fraud has been reversed on a direct appeal in the principal action. Barnes v. Barker, ante, p. 113. It follows that this is a moot appeal and consequently is dismissed at the costs of appellants.

Appeal dismissed.  