Brown v. Northwestern Mut. Life Ins.

Citations

• 119 F. 148
• 55 C.C.A. 654
• 1902 U.S. App. LEXIS 4655

Syllabus

<p>1. Appeal Bond—Superseding Sale of Real Estate—Rents and Profits Recoverable as Damages.</p> <p>Tbe obligee in a bond, wbicb supersedes an order confirming a sale of real estate, and directs tbe immediate execution of a deed and delivery of possession thereof to tbe purchaser, is entitled, after that order has been affirmed on appeal, to recover as damages for the breach of the obligation of the bond the value of the use and possession; that is to say, in this case, the rents and profits of the real estate during the time the purchaser is kept out of the possession and use of the real estate by the supersedeas bond and the appeal in which it was allowed.</p> <p>51 Same—Any Judge Authorized to Sign Citation May Approve.</p> <p>The appeal bond taken under Rev. St. §§ 1000, 1012 [U. S. Comp. St. 1901, pp. 712, 716], may be approved by any judge or justice who is authorized, to sign the citation and to allow the writ of error or appeal. It is not essential to its validity that it be approved by the justice or judge who allows the writ of error or appeal or signs the citation.</p> <p>¶ 2. See Appeal and Error, vol. 2, Cent. Dig. § 2061.</p> <p>(Syllabus by the Court.)</p>