
    McCoy, appellant, v. O'Donnell et al.
    
    
      Foreclosure—tender tiefore action brought—Judgment—costs:
    
    In an action to foreclose a mortgage, defendants pleaded tender of tire amotmt due before action brought. This defense was established upon the trial. Held, that the plaintiff was not entitled to a judgment of foreclosure, but to a money judgment against the defendants diminished by the costs of the defendants.
    Appeal from a judgment entered upon the report of Francis Rising, Esq., referee.
    
      George Day and R. A. Parmenter, for appellant.
    
      Flagg & Weary and M. I. Townsend, for respondents.
   Per Curiam.

(Third department.)

The opinion is devoted to a review of the evidence. All that is important for publication is embodied in the head-note.

Judgment affirmed.  