Strom v. American &c. Mortgage Co.

The opinion of the court was delivered by

Mr. Chief Justice McIver.

These two cases, presenting the same facts substantially, and involving the same legal questions, were, by consent of the parties, heard and will be considered together. For convenience of phraseology our remarks will be applied to the first named case, but what we shall say in that case must be regarded as equally applicable to the second case.

At the proper time a motion to dismiss the appeal was made, but as that motion was based solely upon the ground that the order from which the appeal was taken was not appealable, the…