Allis v. Insurance Company

• Decision Date: 01 October 1877
• Citation: Allis v. Insurance Company, 97 U.S. 144, 24 L.Ed. 1008 (1877)
• Parties: ALLIS v. INSURANCE COMPANY
• Court: U.S. Supreme Court

97 U.S. 144

24 L.Ed. 1008

ALLIS v. INSURANCE COMPANY.

October Term, 1877

APPEAL from the Circuit Court of the United States for the District of Minnesota.

The facts are stated in the opinion of the court.

Mr. H. J. Horn for the appellant.

Mr. L. S. Dixon, contra.

MR. JUSTICE MILLER delivered the opinion of the court.

This is an appeal from a decree of the Circuit Court for the District of Minnesota, ordering a sale of land in a proceeding to foreclose a mortgage. The appellant, who was defendant below, entered his appearance in due time, but default was taken for want of answer, and a decree pro confesso rendered. The case was then referred to a master, to ascertain the sum due, and report a decree. This reference, and his report a few days after, and the decree now complained of, were all made during the same term of the court, and no exceptions were taken to the report.

We are asked to reverse the decree and send the case back, because it does not appear that the appellant had notice of the time of the sitting of the master, or of the filing of his report. It is sufficient to say that the reference to the master was wholly unnecessary, as he had nothing to do but compute the sum due on the face of the papers, which the court ought to have done by itself, or by the clerk, or by the complainant's counsel. The papers are all now in this record, and there is no pretence of any mistake or wrong in these matters done to the appellant.

This court will not reverse a decree in chancery for an immaterial departure from the technical rules, when it can see that no harm resulted to the appellant.

But the assignment of errors attempts to raise the question which we considered in Brine v. Insurance Company (96 U. S. 627); namely, that the time given by the statutes of Minnesota for redemption after sale is disregarded by this decree.

The Minnesota statutes declare, that, in a foreclosure of a mortgage, by a proceeding in court, there shall be allowed to the debtor twelve months after the confirmation of the sale in which he may redeem, by paying the amount of the sale with interest.

The decree of the court in this case orders the master, on making the sale, to deliver to the purchaser a certificate that unless the property is redeemed within twelve months after the sale, by payment of the sum bid, with interest, he will be entitled to a deed.

And it proceeds to say that, unless the land be so redeemed within the twelve months, the purchaser shall be...