delivered tbe opinion of tbe court.
This is an appeal from a decree of tbe Circuit Court for tbe District of Minnesоta, ordering a sale of land in a proceeding to foreclose а mortgage. Tbe appellant, who was defendant *145 below, entered bis aрpearance in due time, but default was taken for want of answer, and a dеcree pro confesso rendered. Tbe case was then referred to a master, to ascertain tbe sum due, and report a decree. This reference, and his rеport a few days after, and tbe decree now complained of, wеre all made during the same term of tbe court, and no exceptions werе taken to tbe report.
We are asked to reverse tbe decreе and send tbe case back, because it does not appear that tbe appellant bad notice of the time of tbe sitting of tbe master, or оf tbe filing of bis report. It is sufficient to say that tbe reference to tbe master wаs wholly unnecessary, as be bad nothing to do but compute the sum due on tbe face of tbe papers, which tbe court ought to have done by itself, or by tbe сlerk, or by tbe complainant’s counsel. Tbe papers are all now in this rеcord, and thqre is no pretence of any mistake or wrong in these matters dоne to tbe appellant.
This court will not reverse a decree in chancery for an immar terial departure from tbe technical rules, when it can see that no barm resulted to tbe appellant.
But tbe assignment of errors аttempts to raise tbe question which we considered in
Brine
v.
Insurance Company
(
The Minnesota statutes declare, that, in a foreclosure of a mortgage, by a proceeding in court, there shall be allowed to the debtоr twelve months after tbe confirmation of tbe sale in which be may redeem, by paying tbe amount of tbe sale with interest.
Tbe decree of tbe court in this case orders tbe master, on making tbe sale, to deliver to tbe purchaser а certificate that unless tbe property is redeemed within twelve months after tbe sale, by payment of tbe sum bid, with interest, be will be entitled to a deed.
And it proсeeds to say that, unless tbe land be so redeemed within the twelve months, the purchaser shall be let into the possession upon tbe production of the dеed of said master, and a certified copy of tbe order confirming tbe rеport of tbe sale.
*146 It would seem probable from this that the court intends to dеfer the order confirming the sale until the time for redemption has expired, and that the report of the sale and the deed of the master will then be confirmed in one order. There does, not seem to- be any objection to this рractice, as there will be no occasion to confirm the sale if thе land is redeemed; and if it is not, the court can confirm the sale and approve the deed by the same final order.
We have* in the case above referred to, expressed the view that, if the courts of the United States give substаntial effect to the right of redemption secured by the statute, they are аt liberty in so doing to adhere to their own modes of proceeding. We think this has bеen done in the present case. The substantial right is to have a year to rеdeem. In the State courts, where 1jhe practice undoubtedly is to repоrt the sale at once for confirmation, the time begins to run from that confirmation. But if in the Federal court the practice is to make the final confirmаtion and deed at the same time, it is a necessity that the time allowed for rеdemption shall precede the deed and confirmation. There is here a substantial recognition of the right to redeem within the twelve months, and we do not think there is any error for which the decree should be reversed.
Decree affirmed