Skillman v. Frost's

Opinion by

Judge Lewis :

The decision rendered upon the question submitted whether the mortgage of J. J. Frost to Skillman is valid as to Frost’s interest in so much of the property of Frost & Co. as was acquired July 1, 1877, is not a final determination of the right of appellant in the action from which an appeal will lie to this court, for the lower court has the power hereafter to apply the proceeds of sale of such property, when collected, to the mortgage debt of appellant, notwithstanding that decision.

But, although the appeal is premature and must be dismissed, to save further litigation…