2 Wyo. 206 | Wyo. | 1880
This suit comes to this court on appeal. The record before us for consideration, shows that on March 15th, 1877, William Hinton, the complainant in the court below, and appellee in this court, filed his bill of complaint in the district court of Uinta county, to foreclose a certain mortgage given by Samuel H. Winsor on certain property in the bill mentioned and deacribed; said property lying and being in the county of Uinta; said mortgage having
Inasmuch as the Uinta Coal and Mining Company was supposed to have, or claim some interest in the mortgaged premises sought to be sold, to satisfy the said claim due from Winsor to Hinton, the said company was made a party defendant in the bill, and this appeal was taken in behalf of said company.
Hinton, by his solicitors, appears in this court, and moves to dismiss the appeal for the following reasons, to wit:
First, On the ground that there having been no final decree in the court below, there was nothing to appeal from.
Second, For the reason that by the disclaimer of the appellant, upon which no issue was joined, the appellants are estopped from asserting an interest now.
Third, That having no interest, the appeal gives this court no jurisdiction to vacate, alter or modify the judgment or decree of the court below.
Fourth, That the appellants have no standing in this court, to complain of the decree.
We have examined the record in this ease, with a degree of patience and diligence, seldom equaled, but never excelled in the history of judicial tribunals, to find something of which the appellant might in equity complain; but all in vain. The appellant in the court below, appeared on the 12th day of January, 1878, and filed what it termed a plea to the complainant’s bill, but which, as the court thinks, by every rule of equity must be regarded as an answer in the nature of a disclaimer. In its answer it solemnly avers “it has not, nor ever had, nor pretended to have, nor did it ever claim any right, title or interest whatever, in the land or any mining property of the said Samuel H. Winsor; and that the complainant had no right to institute this or any other suit against it, (the company) in respect thereof.”
If that be so, and there is nothing in the record to cause the court for a moment to doubt its correctness, by what right, let us inquire, does it bring this suit here to be reviewed ?
The entire costs of the suit were directed by the court to be paid out of the proceeds arising from the sale of the mortgaged mining property. It is therefore but reasonable to presume, that the appellant received its costs and its just dues.
For the foregoing reasons it is manifest, therefore, that this court is not called upon to consider the other questions sought to be raised.
The court are of opinion, that this appeal ought to be dismissed with costs.
Appeal dismissed.