Wakefield

Motion of defendants to dismiss appeal from judgment, upon the ground that plaintiff “has abandoned and forfeited its said appeal and the whole thereof, and has' lost the right to said appeal and the further prosecution thereof, and is estopped from further prosecuting said appeal.”

The plaintiff bank commenced an ordinary action for the foreclosnre of a mortgage given by Joseph Knowles to secure a note against defendant administrator and the heirs of decedent, waiving all recourse against other property of the estate. The defendants answering, alleged, by way of counterclaim, that the plaintiff had wrongfully applied one thousand dollars, on deposit with it to the credit of said Knowles, on account of the payment of said note, and asked judgment therefor. The action was tried and judgment given in favor of plaintiff for the foreclosure of the mortgage, the court finding that the sum of $4,046.24 was due thereon. The court, in the same judgment, finding that the plaintiff had wrongfully applied the one thousand dollars on deposit with it to the credit of Knowles, on said secured note, as alleged, ordered that the defendant administrator recover from plaintiff for the estate of…