Investors' Mortgage Co. v. Aleman

The Investors’ Mortgage Company, as plaintiff in executory proceedings, has appealed from a judgment rendered in fa vor of Charles H. Russell, third opponent, recognizing the priority of his mortgage and ordering the payment of his claim and dismissing the proceedings at plaintiff’s cost.

The third opponent has filed a motion to dismiss the appeal on the ground that it was taken by petitioner after the adjournment of court, and that no citation of appeal was prayed for in the petition for appeal or ordered served on appellee by the court prior to the expiration of the return day and the filing…