Malone

This is an action to foreclose a mortgage upon certain lands executed by defendant.to the plaintiff. Tbe plaintiff in bis complaint admits that be has been in possession of tbe mortgaged premises from about the fourth day of January, 1888, to the commencement of the suit on June 27, 1892, and admits that be is accountable to tbe defendant for tbe rents and profits of the mortgaged premises during that time. Judgment was rendered for plaintiff foreclosing the mortgage for a certain amount of money found to be due from defendant to plaintiff thereon, after an accounting in which plaintiff is charged with a certain amount as tbe rental value of tbe premises while in tbe plaintiffs possession, and also with another certain amount of money for tbe value of certain timber growing upon the premises which bad been sold by tbe plaintiff during bis occupancy. De *513 fendant appeals from tbe judgment and from an order denying bis motion for a new trial.

There are two main points made on the appeal, involving the correctness of the finding of the court as to the rental value and as to the value of the timber sold—the appellant insisting that the amounts found by the court as to said two…