McMillan

This is a motion made in the appellate court for an order staying proceedings upon the judgment in the court below.

The suit was to foreclose a mortgage made by one Frank Scherf in his lifetime. He died, leaving a will by which all of his property was devised to his widow, Annie Scherf, who was appointed executrix, and qualified as such. Pending administration she married one Raschke, and the defendant Hayward was appointed administrator with the will annexed. This administrator, the surviving wife, the three minor children of the deceased, and the second husband were made defendants in the suit, upon the allegation that they had or claimed some interest which was subsequent and subject to the lien of the plaintiff’s mortgage. The complaint expressly waived all claim to a judgment for a deficiency, and no judgment for a deficiency was rendered. All of the defendants (except the second husband) appeal; and an undertaking in the sum of three hundred dollars was given.

The argument for the stay is, that if any one of the appellants be entitled to a stay, the whole judgment must be stayed, because it does not command the sale of the interest of any particular defendant, but of the…