Mortgage — Waiver — Foreclosure Sale.

A waiver by mortgagees in favor of a purchaser of the propertyheld, 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. Unreported cases. *Page 698