TERRY, C. J. — This was a proceeding to foreclose a mortgage upon real estate. A demurrer to the complaint was interposed and was properly overruled, and no answer having been filed within the time allowed by the court upon overruling the demurrer, a judgment was entered pursuant to the prayer of the complaint. After a careful examination of the record, we are satisfied that the appeal is frivolous and was intended merely for delay; the judgment is therefore affirmed, with ten per cent damages. I concur: Baldwin, J.