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U.S. Supreme Court

Blossom v. Milwaukee &c. Railroad Company, 68 U.S. 1 Wall. 655 655 (1863)

Blossom v. Milwaukee &c. Railroad Company

68 U.S. (1 Wall.) 655


A bidder at a marshal's sale made on foreclosure of a mortgage in a federal court below may, by his bid, though no party to the suit originally, so far be made a party to the proceedings in that court as to be entitled to an appeal here. Whether or not, this Court will not dismiss an appeal by such person on mere motion of the other side, the decision involving the merits of the case, and such an examination of the whole record as can only be made on full hearing.

A decree foreclosing a mortgage and ordering a sale of the road had been obtained in the District Court of the United States for the District of Wisconsin in a suit by one Bishop and others against The Milwaukee & Chicago Railroad Company, and the road being offered for sale by the marshal, under the decree, Blossom, the appellant in this case, made a bid for the property. The sale was suspended at this point and never actually proceeded further. Blossom then went into the district court and by petition prayed to have the sale completed and confirmed. His application was, however, refused. From this order of refusal he took an appeal -- the present suit. A motion was now made to dismiss this appeal, the grounds of the motion being these:

1. That the appellant was not a party to the suit in the district court, and was therefore not entitled to prosecute an appeal.

2. That his right had accrued in the mere process of executing the final decree, and that accordingly no appeal lay.

3. That the refusal of the district court to confirm or complete the sale was a matter within its discretion, and therefore not the subject of review here.