
    Benjamin Rosenwasser, complainant-appellant, v. Bertha Weiss and Louis Jacobson, defendants-respondents.
    [Argued February 9th, 1938.
    Decided May 11th, 1938.]
    
      
      Mr. Frank H. Fggers, for the appellant.
    
      Mr. Joseph L. Freiman, for the respondents.
   Per Curiam.

We are in accord with the conclusion of the learned vicedhancellor that the bill of complaint should be dismissed. It suffices to say that appellant, even though a mere surety, is not at liberty to compel the mortgagee to take title to the property and give him credit for the fair value thereof.

The decree is accordingly affirmed.

For affirmance — Paekeb, Case, Bodine, Donges, Hehee, Peeskie, Heteield, Deae, Wells, WolesKeil, Eaeeeety, Walkee, JJ. 12.

For reversal — None.  