TOWNSEND, J.
(After stating the foregoing facts):
1. The court, after charging the jury under what circumstances a verdict might be returned for the plaintiff, then charged that under these circumstances "the plaintiff Holcomb would be entitled to a judgment against the defendant Mabry in the sum of that portion of the amount obtained by the defendant from such sale . . less any amount the plaintiff may have received to apply on his interest, whether received...
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