Copp

Respondent suggested at the oral argument of this appeal that since the perfection of this appeal certain proceedings had been taken which would render a decision on this appeal the decision of a moot question of law and, therefore, that the appeal should be dismissed. In support of his suggestion respondent has filed an affidavit herein to the effect that since the perfection of said appeal respondent has caused to be filed a claim based upon the mortgages sought to be foreclosed in this action, and upon which judgment was rendered in respondent’s favor, and from which judgment this appeal was taken, with the special administrator of the estate of James G. Hale, deceased, with the powers of a general administrator, and that said claim was allowed by said special administrator. Said administrator is not a party to this appeal and we are of the opinion that, conceding all the facts set forth in said affidavit to be true, still they do not show that the question involved in this appeal has become a moot question.

This action was instituted to foreclose two mortgages, executed by James G. Hale to plaintiff. One of said mortgages was dated January 15, 1918, and recorded on the same…