Jay v. De Groot

Headnote

■ Parties—death of a party pending an appeal—revivor.

Pending an appeal from an order denying the petition of a creditor that a receiver assign to him a certain mortgage under foreclosure in the action, the mortgagor died, and his representatives were not brought in as parties .to the appeal: Held,, that the proper course was to order the hearing of the appeal to stand over, to enable the appellant to bring before the court the proceedings in revivor; and if such proceedings had not been regularly taken, to enable the appellant to bring the representatives of the deceased party before it in regular form.

Appeal by the Equitable Insurance Company from an order of the special term denying the petition of said company, for an order that the receiver assign a certain mortgage of William H DeGroot, under foreclosure in this action, to said company. Pending the appeal DeGroot died.