Blossom v. Milwaukee Railroad Company

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 and 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.

Mr. Justice MILLER delivered the opinion of the court.