Burlington, Cedar Rapids & Northern Railway Co. v. Simmons
Supreme Court of the United States
This was a motion to dismiss an appeal because the decree appealed from is not final, but interlocutory only. The case was- in substance this: A bill was filed by a junior mortgagee against the mortgagor and a prior mortgagee to foreclose his mortgage and to establish his right to redeem the prior mortgage.
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This was a motion to dismiss an appeal because the decree appealed from is not final, but interlocutory only. The case was- in substance this: A bill was filed by a junior mortgagee against the mortgagor and a prior mortgagee to foreclose his mortgage and to establish his right to redeem the prior mortgage. The defence was that under cértain proceedings had for the foreclosure of the prior mortgage his right to redeem had been cut' off, and the mortgaged property sold free of his lien. The decree appealed from found: 1. That the junior mortgage ivas still a valid and subsisting lien, and that…
1Opinion of the CourtChief Justice Waite
The rulings at the last term in Parsons v. Robinson, 122 U. S. 112, are decisive of this motion. The right of the junior mortgagee to redeem the prior mortgage has been established by the decree appealed from, but the amount he must pay has not been determined. The validity of his lien as security for the amount due on his mortgage has been declared, but what that amount is has not been fixed. His right to a sale of the mortgaged property in case the debt is not paid has been settled, but such a sale cannot be made until a further order to that effect is entered. The litigation has not been…
2Cases cited7 opinions
- Forgay v. ConradSupreme Court of the United States · 1848
- WHITING v. the Bank of the United StatesSupreme Court of the United States · 1839
- Thomson v. DeanSupreme Court of the United States · 1869
- Bronson v. Railroad Co.Supreme Court of the United States · 1863
- Ray v. LawSupreme Court of the United States · 1805
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3Cited by27 opinions
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- Citibank, N. A. v. Data Lease Financial CorporationCourt of Appeals for the Fifth Circuit · 1981
- Chase v. DriverCourt of Appeals for the Eighth Circuit · 1899
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