Sage v. Railroad Company
| Decision Date | 01 October 1877 |
| Citation | 24 L.Ed. 641,96 U.S. 712 |
| Parties | SAGE v. RAILROAD COMPANY |
| Court | U.S. Supreme Court |
MOTION. 1. To dismiss the appeal. 2. To vacate the supersedeas.
Mr. H. B. Turner and Mr. J. C. Bullitt in support of the motions.
Mr. N. A. Cowdry and Mr. R. T. Merrick, contra.
This case was before us at the last term, upon a motion to dismiss an appeal from a decree entered Oct. 22, 1875, and to vacate a supersedeas upon that appeal. We denied the motion to dismiss, but vacated the supersedeas. The case is reported in 93 U. S. 412.
After the vacation of the supersedeas, the decree of Oct. 22, 1875, was executed, July 18, 1877, by a sale of the mortgaged property. The master having reported the sale to the court, Sage, Cowdrey, & Buell, who had been admitted as defendants in the suit, for the purpose of an appeal from the former decree, filed exceptions; which were overruled, Aug. 31, 1877; and an order was entered confirming the sale, and directing the master to convey the property sold to the Farmers' Loan and Trust Company,—the purchaser, in trust for the parties interested in the purchase under the provisions of the truse-deed, as defined in the original decree. At the same time, a deed of conveyance executed by the master was presented; and the court ordered that it be delivered to the Farmers' Loan and Trust Company, and recorded. Afterwards, during the same day, Sage, Buell, & Cowdrey, in open court, prayed an appeal to this court, from certain orders entered in the cause, Oct. 21, 1875, and from the decree of confirmation, and 'each and every other order made in the cause, Aug. 31, 1877.' They also asked that security for a supersedeas might be accepted and approved. The court entered an order allowing the appeal; but refused to accept a supersedeas bond, or, as it is expressed in the order, refused the supersedeas. The bond for the appeal was fixed at $1,000, to be made to the clerk of the court, in trust for whom it might concern, approved by one of the judges of the court, and filed within thirty days. No bond of any kind was executed at that time.
On or about the 15th of September, 1877, Sage, Buell, & Cowdrey presented to Mr. Justice Hunt, of this court (and a justice assigned to a different circuit from that in which the district of Iowa is situated), a petition setting forth the taking of an appeal by them, in open court, from the order of Aug. 31, and its allowance; and stating, further, that 'no supersedeas bond was given or approved.' They thereupon tendered a bond, payable to the clerk of the court, in the sum of $20,000, which they asked that justice to approve and allow 'to operate as a supersedeas bond in the . . . cause.' The security being satisfactory, the bond was 'approved to operate as a supersedeas when the same was filed in the office of the clerk of the Circuit Court of the United States at Des Moines, Iowa;' and it was so filed Sept. 22, 1877.
On the 24th of September, 1877, Sage and Cowdrey executed another bond, payable to the clerk, in the sum of $1,000, conditioned according to law, for a supersedeas; which was approved by the district judge for the district of Iowa, and filed in the clerk's Oct. 11, 1877.
The appellees now move to dismiss the appeal; or, in case that motion shall not be granted, for a vacation of the % supersedeas.
It is clear that this appeal does not bring up for examination the orders of Oct. 21, 1875. Every proceeding in the cause which was prior to Oct. 22, 1875, must be examined, if at all, under the appeal from the decree of that date still pending here
The only order made Aug. 31, 1877, which is in the nature of a final decree, is that confirming the sale, and directing the conveyance to the purchaser by the delivery of the deed presented and approved.
We have often decided that a decree confirming a sale, if it is final, may be appealed from. Blossom v. Railroad Company, 1 Wall. 655; Butterfield v. Usher, 91 U. S. 246. In this case it is final, so far as title under the sale is concerned. It cuts off...
To continue reading
Request your trial
-
Rector v. United States
...upon an intervening petition ordering return of certain cars used by the receiver was held final and appealable. In Sage v. Railroad Co., 96 U. S. 712, 24 L. Ed. 641, the court held an order confirming sale which cut off the equity of redemption by the company, junior mortgagees and general......
-
Citibank, N. A. v. Data Lease Financial Corp.
...a judicial sale of property is a final order from which an appeal may be taken pursuant to 28 U.S.C. § 1291. 2 Sage v. Central R. R., 96 U.S. 712, 24 L.Ed. 641 (1878); Godchaux v. Morris, 121 F. 482 (5th Cir. 1903). Cf. U. S. v. "A" Manufacturing Co., 541 F.2d 504 (5th Cir. 1976). Citibank ......
-
Terminal Ass of St Louis v. United States, 115
...the appeal was properly allowed by a justice of this court. Revised Statutes, §§ 999, 1012 (Comp. St. §§ 1659, 1673) Sage v. Railway Co., 96 U. S. 712, 715, 24 L. Ed. 641; Brown v. McConnell, 124 U. S. 489, 8 S. Ct. 559, 31 L. Ed. The original decree was not enlarged by the decree appealed ......
-
S.E.C. v. American Capital Investments, Inc.
...121 U.S. 74, 85, 7 S.Ct. 807, 812-13, 30 L.Ed. 877 (1887) (sale order in receivership proceeding is appealable); Sage v. Railroad Co., 96 U.S. 712, 714, 24 L.Ed. 641 (1877) ("We have often decided that a decree confirming a sale, if it is final, may be appealed from.... For relief against t......