Collins

This action is brought to procure a vacation, as to the plaintiffs, of a judgment of foreclosure, and all proceedings thereunder, including a sale of the mortgaged premises, to have a certificate of sale and a sheriff’s deed declared void, for an accounting by the purchaser and his successor in interest of the rents and profits, and for a decree allowing plaintiffs to redeem the undivided three-tenths of said mortgaged premises on paying a like three-tenths of the amount found due upon an accounting on said mortgage, etc.

A demurrer was interposed to the amended complaint *448 of plaintiffs, whieli was sustained by the court; and upon plaintiff’s failure to amend, final judgment was entered in favor of the defendants, from which judgment plaintiffs appeal.

There is a bill of exceptions in the record, taken to the action of the court in striking out portions of the original complaint, but as an amended complaint was subsequently filed, the error, if any, in the order striking out was thereby waived. Were it otherwise, the portion stricken out is substantially inserted, and at greater length, in the amended complaint.

The demurrer was based upon a failure of the amended complaint…