To vacate an order enjoining a sale under-a decree in a foreclosure proceeding, where, at tbe solicitation of tbe defendant in tbat proceeding, relator bad advanced tbe sum necessary to satisfy tbe mortgagee and taken an assignment of tbe mortgage and decree, it being contended tbat tbe assignment of tbe mortgage and decree amounted to tbe making of a new mortgage, and necessitated a new foreclosure.

Granted April 27, 1897, with costs against defendant.