26 Fla. 49 | Fla. | 1890
Appellee filed his bill against appellants to foreclose a mortgage on real estate, and decree pro con
On the 4th day of October the appellants entered their appeal in the following form : Now come the defendants in the above cause on this the 4th day of October, A. D., 1889, and within thirty days after the entry of the final decree therein rendered, and enter their appeal from the decree herein rendered, to the Supreme Court of the State of Florida, to be held at the city of Tallahassee, on the second Tuesday in January, A. D., 1890.
The citation issued upon this entry of appeal calls the appellee to appear and show cause why the decree of September 7th, mentioned above, should not be reversed.
Considering the entry of appeal and the citation, our conclusion is, that the decree of the 7th of September is the one appealed from. It is true that the decree of foreclosure of July 31st, is the final decree in the cause according to the ordinary meaning of the term final decree
An appeal from a personal decree for the balance of the amount of the decree of foreclosure remaining unpaid over and above the proceeds of the mortgaged property, does not involve a consideration of any question as to the regularity, as distinguished from the validity of the decree of foreclosure and sale, or of any proceeding prior thereto, but only errors arising subsequent to that decree. Mann, vs. Jennings, 25 Fla. We are asked to grant a supersedeas on the ground that the original promissory note secured by the mortgage or other proper evidence of the indebtedness, is not shown by the record to have been produced before the master to whom the cause was referred, and upon whose report the decree of foreclosure and sale of July 31st is based. This is properly an objection to the July decree, from which degree no appeal has been taken, and not one that can be considered on this appeal, as the question does not affect the validity or legality of that decree as distinguished from its regularity.
The motion for a supersedeas is denied.