
    Reed v. Makemson.
    From the Kosciusko Circuit Court.
    
      C. Clemans, for appellant.
    
      J. U. Carpenter and W. 8. Marshall, for appellee.
   Worden, J.

Complaint by the appellee against the appellant to foreclose a mortgage. Judgment by default. .

It is assigned for error that the complaint does not state facts sufficient to constitute a cause of action. There is nothing in this assignment of error, as the complaint is clearly good.

It is also claimed by the appellant that the judgment was for thirty-eight dollars and eighty-seven cents too much.

This is admitted by the counsel for the appellee, and they have filed a remittitur for the excess.

The residue of the judgment, one thousand four hundred dollars, is affirmed, at the costs of the appellee.  