O'BRIEN v. Slefkin

*266Paolino, J.

This is an action of assumpsit which was brought by mortgagors against second mortgagees to recover a surplus of the proceeds of a foreclosure sale under a second mortgage. After a hearing in the superior court before a justice thereof sitting with a jury, each party moved for a directed verdict. The trial justice granted the plaintiffs’ motion and denied that of the defendants. The case is before us on the defendants’ exceptions to such rulings and also on the plaintiffs’ exceptions to the refusal of the trial justice to award them the amount of a third mortgage of $500 and…