Stairs v. Riley

Opinion op the Court by

Clay, Commissioner—

Dismissing appeal.

This is a mortgage foreclosure proceeding. On July 2, 1945, the plaintiff, appellee, obtained a personal judgment for approximately $3,400 and an order of sale of the mortgaged property. An appeal was granted appellants in this Court on May 12, 1947. On June 9, 1947, appellee filed a motion to dismiss the appeal on the ground that the judgment had been compromised and settled. Thereafter there were filed responses, replies, demurrers, and other pleadings directed to this issue.

Appellee’s pleadings in this Court alleged that on July…