Parsons v. Robinson

Citations

• 122 U.S. 112
• 7 S. Ct. 1153
• 30 L. Ed. 1122
• 1887 U.S. LEXIS 2091

Syllabus

<p>Proceedings were commenced to foreclose a railroad mortgage in which the trustee of the mortgage, the. railroad company, and ' others were ‘ respondents, and one bondholder originally, and another by intervention, were complainants. A decree was entered that the complainants were entitled to have a sale of the mortgaged property upon failure of the company to pay an amount to be fl£ed by reference to a master within a time to be named by the court, and an order of réference was made. The master reported, and a decree of foreclosure was entered in which the trustee was directed to sell the mortgaged property, “at such time and place and in such manner as the court may hereafter determine: ” and a reference was ordered' to- a master to report the extent and amount of the prior liens on the mortgaged property, “full and detailed statements” of the property “subject to the lien.of said general mortgage,” and “ what liens, if any, are upon.the several properties ” of the railroad company, “junior to said general mortgage and the order of their priority.” Held, that this was not a final decree, which terminated the litigation between the parties on the merits of the case, and that the appeal must be dismissed.</p>