
    LOUIS S. ASHMAN v. WALTER KOCH et al.
    
      Mortgage — Waiver—Foreclosure Sale.
    
    A waiver by mortgagees in favor of a purchaser of the property held, on a construction thereof, to be conditional in character.
    On an issue as to the distribution of the surplus proceeds of a mortgage sale, held that, the record failing to show the amount due claimants under a third mortgage, the case should be remanded that additional testimony be taken.
    
      Decided January 12th, 1926.
    
    Appeal from the Circuit Court of Baltimore City (Dawkins, J.).
    Exceptions by Louis S. Ashman to an auditor’s account. From an order dismissing the exceptions and ratifying the account, the exceptant appeals.
    Case remanded.
    The cause was argued before Bond, O. J., Pattison,. Ubneb, Adkins, Obeutt, Diuues, Pabke, and Walsii, JJ.
    
      J. Kemp Bartlett, Jr., for the appellant.
    
      Eldridge Hood Young, with whom was Harry T. Kellman on the brief, for Mayer Resnick and Minnie Resnick, appellees.
   Walsh, J.,

delivered the opinion of the Court, remanding the case, without affirmance or reversal, for further proceedings in accordance with the opinion, the costs to abide the event.  