Franklin

— This is an action of ejectment. The defendants pleaded several defenses and filed a cross-complaint. The court adjudged that the defendant Le Roy (the other defendants being his tenants) take nothing by his cross-complaint, and that the plaintiffs recover the possession of the premises, etc. The defendant's claim to relief on his cross-complaint is based on a state of facts substantially as follows: Samuel Philips, being the owner of the premises, mortgaged the same, together with other lands, to Le Roy and Ritter, to secure the payment of a promissory note mentioned in the mortgage. The mortgage was foreclosed in the district court of the twelfth judicial district on the fifth day of March, 1859, and soon after the date of the decree the parties thereto entered into a stipulation, by which it was agreed that Le Roy should take charge of the premises, rent the same and collect the rents, and apply the proceeds to the payment of the judgment, after paying taxes, etc.; that the order of *807 sale upon the decree of foreclosure be stayed for the period of eighteen months from the date of the decree, and that if any portion of the judgment remained unpaid at the expiration of that…