Without entering into the consideration of the question as to the operation of the mortgage deed of Morris upon the effects of the partnership of Morris & Co. acquired after the execution of the deed, in regard to which the facts are not ascertained, it may be declared that the effect of the deed was to convey to the plaintiffs all the interest of Morris, in the effects of the partnership of Morris & Co., as one of the partners at the time of the conveyance, and at the subsequent sale of the effects of Morris & Co. to Roberts & Co; Take that to be so, then one half of the net amount of the sale of the effects by Morris & Co. to Roberts & Co. (less so much thereof as was paid to plaintiffs) belonged to the plaintiffs.

The referee, Hoyt, reports the net amount realized after paying the liabilities of the partnership, at $2,045.25. One *504 half of this amount, less the amount which was paid to-plaintiffs, is the amount to which they are entitled without interest.

One half of the amount which shall be found to be due the plaintiffs shall be paid by the defendant, Mock, and the other half by the defendant, Wiley.

The plaintiffs are not entitled to tho amount which Morris is reported to have advanced fo the firm, nor to the-amount due him for wages after the date of the mortgage deed, — in regard to which he is a creditor of the firm, as' any one else would have been.

The clerk of this Court will make the calculations and report, and there will be judgment here accordingly. The-clerk of this Court will be allowed for this service $10. The costs in this Court and in the Court below. will be-equally divided between the parties.

The majority of the Court are of the opinion that the declarations of Morris after he made the mortgage deed to plaintiffs, are not evidence to prove the alleged fraud by the plaintiffs and Morris, in the sale by them to the defendants; that Morris’ declarations are only evidence against himself if he shall pursue the defendants.

Per CuRiAM. Judgment modified and affirmed.