Cutting

This is a motion to dismiss an appeal from a judgment of the District Court for the Territory of Alaska entered on April 8, 1949, ordering the sale of certain property upon the ground that no notice of appeal was filed within thirty days after April 8, 1949, there being no extension by the district court of the thirty-day period within which the appeal could be taken as provided in Section 2107 of Title 28, United States Code, Annotated'.

Appellant filed on May 4, 1949, a notice of a motion later considered, which appellants contended is a notice of appeal, and sought a stay of execution during appeal upon a bond to be offered. A bond was offered and the court, on May 19, 1949, heard the motion and denied the bond offered, continued the hearing on-the posting of a bond and held “that there was a notice of appeal for the purpose at least of presentation of a supersedeas bond” and saying that otherwise “there would be no ground for even considering a supersedeas bond.” After the hearing of the motion on May 19, appellants filed on that day a notice of appeal admittedly in proper form.

Appellants contend that section 2107 does not apply to the Territory of Alaska and that they had…