
    George E. Hyatt, Receiver, etc., Resp’t, v. William W. Dusenbury et al., App'lts.
    
      (Court of Appeals,
    
    
      Filed June 28, 1887.)
    
    Appeal—Where appellants not aggrieved.
    Where, in case a judgment were reversed, none of the appellants would be benefited, and the defendant, who would be benefited, was debarred by his own agreement from appealing, their appeal will be dismissed. Plaintiff brought this aclion as receiver, to set aside a deed made by Dusenbury, through Honeywell, to his wife, and a mortgage made thereon to Chichester, and assigned to Dusenbury, as administrator of the estate of Thomas Dusenbury. There was also money in the hands of the county treasurer, surplus of the foreclosure of a mortgage subsequently given by Mrs. Dusenbury on the same premises. Plamtiff obtained judgment declaring the conveyances and the mortga ire to Chichester to be fraudulent and void as against his judgment-creditor, William W. Dusenbury, in order to obtain a stay pending the appeal to the general term herein, stipulated, that his. claim to the surplus moneys in the foreclosure should abide the result of the appeal in the city court, aforesaid, and that he, the said claimant, shall be bound by said appeal.
    
      A. Walker Otis, for the motion; Moody B. Smith, opposed.
   Per Curiam.

The conveyances, second mortgage, and the assignment thereof, were all valid as between the parties thereto. Hence, in case this judgment could be reversed, and this plaintiff defeated, the surplus money which has been paid to him would belong to William W. Dusenbury as administrator, and would have to be refunded to him. Hone of these defendants would be entitled to one cent thereof. Therefore they have no interest in this appeal. They are not aggrieved by the judgment, and cannot appeal therefrom. Code, § 1294. William W. Dusenbury, as administrator, is the only person interested in prosecuting the appeal, and he has not appealed, and is so bound by his stipulation that he cannot appeal.

The motion to dismiss the appeal should therefore be granted, with costs.

All concur.  