Powers v. Ellis

OPINION OF THE COURT BY

LEVINSON, J.

The plaintiffs-appellees move to dismiss the appeal of the defendants-appellants Howard S. Whitney and Edith G. Whitney in this mortgage foreclosure action. The trial court entered a decree of foreclosure on August 28, 1973, and an order of sale of the mortgaged property on August 30, 1973. The appellants, assignees of lienors who are admittedly junior to the plaintiffs, brought a “Motion for Summary Judgment and to Amend Decree and Order of Sale” on September 7, 1973. This motion the trial court denied on November 7,1973. Twelve days later, on November 19,…