Merriam v. Haas
70 U.S. 687

Annotate this Case

U.S. Supreme Court

Merriam v. Haas, 70 U.S. 3 Wall. 687 687 (1865)

Merriam v. Haas

70 U.S. (3 Wall.) 687

ON MOTION TO DISMISS APPEAL

Syllabus

A motion to dismiss an appeal in a decree of foreclosure, in chancery, refused, though the complainant below, appellant here, had, after his appeal made, issued execution and got the amount for which the decree he appealed from, was given.

Merriam filed his bill in equity in the Federal Court for Minnesota, for the foreclosure of a mortgage executed by Haas and wife for $6,000, with interest at 15 percent

The defendants answered, admitting the execution of the mortgage and that $4,000 and interest (parcel of the amount so secured) was due, and they submitted to a decree for that sum. But as to the residue ($2,000 and interest), they insisted that they never owed it because, they alleged, they had only received from Merriam the sum of $4,000, and not the sum of $6,000 as was agreed and on the faith of which agreement the mortgage had been executed.

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