
    Clayton W. Jenkins, Respondent, v. Simon Bishop, Appellant, Impleaded with Another.
    
      Jenkins v. Bishop, 136 App. Div. 104, affirmed.
    (Argued January 10, 1913;
    decided January 28, 1913.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 13, 1910, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to foreclose a mortgage.
    
      Walter A. Chambers for appellant.
    
      Edgar T. Brackett for respondent.
   Judgment affirmed, with costs, on opinion of Chester, J., below.

Concur: Cullen, Ch. J., Werner, Willard Bartlett, Hiscock, Chase, Collin and Hogan, JJ.  