Bahar v. Tadros, Etc.

*459Royse, J.

This case was transferred to us by the Supreme Court pursuant to §4-217, Burns’ 1946 Replacement. Bahar v. Tadros (1954), 234 Ind. 302, 123 N. E. 2d 189.

To properly understand the question which appellant seeks to present we deem it expedient to set out in some detail the opinion of the Supreme Court in that case:

“On March 13, 1954, appellants recovered a judgment against appellee, Sam Tadros, for $17,000 and costs, without relief and the foreclosure of their equitable mortgage against the appellees on real estate in LaPorte County, Indiana, . . .

“And for the sale of said real estate…