Burlington, Cedar Rapids & Northern Railway Co. v. Simmons
Citations
- 123 U.S. 52
- 8 S. Ct. 58
- 31 L. Ed. 73
- 1887 U.S. LEXIS 2146
Syllabus
<p>APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF IOWA, CENTRAL DIVISION.</p> <p>A decree in a suit in equity to foreclose a mortgage, which determines the validity of the mortgage, and, without ordering a sale, directs the cause to stand continued for further order and decree upon the coming in of a master’s report, is not final for the purposes of an appeal.</p> <p>Parsons v. Bobinson, 122 U. S. 112, and First National Bank of Cleveland v. Shedd, 121 U. S. 74, distinguished.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an order establishing the right of the junior mortgagee to redeem the prior mortgage was interlocutory and not appealable because the amount due had not been fixed or the property ordered sold
- holding that an order establishing the right of the junior mortgagee to redeem the prior mortgage was interlocutory and not appealable because the amount due had not been fixed or the property ordered sold
- focusing on whether the trial court had entered a decree of sale in distinguishing between final and non-final orders in foreclosure cases
- explaining USCA11 Case: 24-10133 Document: 25-1 Date Filed: 04/04/2024 Page: 3 of 3 24-10133 Opinion of the Court 3 that, in a foreclosure action, the proceedings are not final if there is no order of sale
- foreclosure decree not appealable where further action of the court is required before it can be carried into effect
- judgment not final where validity of lien “ha[d] been declared” but the precise amount due “ha[d] not been fixed”
Source: CourtListener parenthetical corpus (CC0).
Judges: Waite
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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