The only specific allegations of fraud in the complaint are that the lot of the feme plaintiff was included ’in the mortgage by fraud, and that the mortgage was executed to secure a loan which was not made, and. that it was therefore fraudulent to retain the mortgage and to attempt to execute the power of sale.
The allegations of fact are denied by the defendants, and the jury has found according to the contention of the defendants, and it would seem that the conclusion drawn by the plaintiffs as to the fraudulency of the sale would fall with the facts upon which it depends.
The plaintiff Lucian Norris testified that the mortgage of 20 January, 1912, was executed to pay up and settle the mortgage of 1911, and the jury has found that the lot of Mrs. Norris was not included in the mortgage of 1912 by fraud, and that the plaintiff Lucian Norris was then indebted to the defendant Hudson in the sum of $557.
This establishes a debt due by the plaintiffs to the defendant Hudson at the time of the sale under the mortgage, and there is neither allegation nor evidence of irregularity or fraud in making the sale.
*93If tbe complaint is read as a whole, it clearly appears that tbe fraud alleged'as to tbe sale is a conclusion based entirely upon tbe other allegations, which have been negatived by tbe jury.
It follows, therefore, that there was no error in refusing to submit the issue to the jury.
No error.