Opinion
Opinion Filed June 7, 1966
Appeal and Error. Foreclosure.
1. Supreme Court is without authority to entertain a purported appeal from a decree of foreclosure where permission from the court below to take the appeal, as required by 12 V.S.A. § 4601, does not appear in the record.
Foreclosure proceeding with respect to real estate mortgage. In Chancery, Rutland County, September 1965 Term, Daley, Chancellor. Permission to appeal did not appear on the record as required by 12 V.S.A. § 4601. Dismissed.
Frank L. Bunting for appellant.
O'Neill, Delaney Valente for appellee.
April Term, 1966
Present: Holden, C.J., Shangraw, Barney, Smith and Keyser, JJ.
This is a purported appeal from a decree of foreclosure of a Mortgage decreed by the Rutland County Court of Chancery on January 2, 1966. No permission from the court below to take the appeal here appears in the record before us as required by 12 V.S.A. § 4601. We are without authority to entertain the appeal. See Factory Point Bank v. Equinox Co., 110 Vt. 277, 279, 5 A.2d 462. The entry is "Appeal Dismissed."