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RAILROAD COMPANY v. SWASEY

90 U.S. 405 (____)

23 Wall. 405

RAILROAD COMPANY v. SWASEY.

Supreme Court of United States.

Attorney(s) appearing for the Case

Messrs. W.J. Budd and F.C. Brewster, in support of the motion to dismiss:

Messrs. W.H. Battle and W.N.H. Smith, contra:

The CHIEF JUSTICE delivered the opinion of the court.

An appeal may be taken from a decree of foreclosure and sale when the rights of the parties have all been settled and nothing remains to be done by the court but to make the sale and pay out the proceeds. This has long been settled.† The sale in such a case is the execution of the decree. By means of it the rights of the parties, as settled...

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