Buckley v. Crane

Citations

• 123 F. 29
• 59 C.C.A. 109
• 1903 U.S. App. LEXIS 3963

Syllabus

<p>i. Appeal—Liability on Supeksedeas Bond—Effect op Modification of Deckee.</p> <p>A decree foreclosing a contract for the sale of real estate gave the defendant until January 1, 1899, to make the deferred payments under the contract, and provided that in default a writ of possession should issue. Defendant appealed, and gave a supersedeas bond, conditioned, inter alia, for the payment of the value of the use and occupation of the premises from the time of the appeal until the delivery of possession to complainant The appellate court directed the modification of the decree by extending the time for performance under the contract to November 1st, and it was so modified. Held, that the effect of such modification was to keep the contract in force, including defendant’s right of possession thereunder, until November 1st, and that he was not liable on his supersedeas bond for the value of the use and occupation prior to such time.</p>