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7 U.S. 179

Ray v. Law

Supreme Court of the United States

Decided March 18, 1805

Supreme Court of the United States · decided 1805-03-18

Law having a mortgage on real estate in the city of Washington, and Ray having a subsequent mortgage on the same estate, Law had filed his bill in chancery in the Circuit Court of the district of Columbia, for a foreclosure .and sale of the mortgaged property, and made Ray a defendant. The bill Laving been taken for confessed against Ray, a decree was obtained by Law for a sale.

Cited in Case Law’s definition of “Final decree (appealability of a mortgage-foreclosure sale)”

Stay/motion granted · 6–0 · Decided 1805-03-18

Marshall, Ch. J.

¶1 We can do nothing, without seeing the record, and the papers offered cannot be considered by us as a record. „ _ *The court, however, is of opinion, that a decree for a sale under a -* mortgage, is such a final decree as may be appealed from. We suppose, that when the court below understands that to be our opinion, it will .allow an appeal, if it be a case to which this opinion applies.

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