Ray v. Law

*Ray v. Law. Appeal. — Final decree. A decree for a sale of mortgaged property, upon a bill to foreclose, is a final decree, from which an appeal will lie. Law having a mortgage on real estate in the city of Washington, and Ray having a subsequent mortgage on the same estate, Law had filed his bill in chancery in the Circuit Court of the district of Columbia, for a foreclosure .and sale of the mortgaged property, and made Ray a defendant. The bill Laving been taken for confessed against Ray, a decree was obtained by Law for a sale. The sale had been made under the decree, and notice given, that ■on a certain day, the sale would be ratified, unless cause was shown. On that ■day, Ray appeared, but not showing good cause, in the opinion of the court, the sale was confirmed. Ray prayed an appeal to this court, on the decree for the sale, which the court refused, on the ground, as it is understood, that -the decree for the sale was not a final decree in the cause. Ray, on this day, presented a petition to this court, setting forth those facts, among others, praying relief, and that this court would direct the court below to send up the record. At the same time, he produced sundry papers, purporting to be the substance of that record, but not properly authenti-eated. Marshall, Ch. J. — The act of congress points out the mode in which we .are to exercise our appellate jurisdiction, and only authorizes an appeal or writ of error on a final judgment of decree. C. Lee, for the petitioner, contended, that this was a final decree as to Ray, and cited 2 Fowler’s Exchequer Practice 195, to show that such a decree would, in England, be considered such a final decree as would authorize an appeal. March 5th, 1805. Whiting v. United States Bank, 13 Pet. 6; Bronson v. La Crosse and Milwaukee Railroad Co., 2 Black 624. And see French v. Shoemaker, 12 Wall. 86. [MAJORITY — Marshall, Ch. J.] Marshall, Ch. J. We can do nothing, without seeing the record, and the papers offered cannot be considered by us as a record. „ _ *The court, however, is of opinion, that a decree for a sale under a -* mortgage, is such a final decree as may be appealed from. We suppose, that when the court below understands that to be our opinion, it will .allow an appeal, if it be a case to which this opinion applies.