William R. Day

“ As the action was brought to recover the possession of real estate, and as the defendant in error has, pending review in this court, sold it, we agree with the contention that the case has become moot. The plaintiff in error, so far as the record discloses, is in possession, and, the defendant in error having sold and conveyed the property, a judgment, if in his favor, will not give him possession of the premises. It has been often held that this court will not decide moot cases. ”

“ It necessarily follows that when, pending an appeal from the judgment of a lower court, and without any fault of the defendant, an event occurs which renders it impossible for this court, if it should decide the case in favor of the plaintiff, to grant him any effectual relief whatever, the court will not proceed to a formal judgment, but will dismiss the appeal. ”

“ Although, owing to the moot character of the issue involved, we may not consider the merits, we are at liberty to make such order as is "most consonant to justice' in view of the conditions and circumstances of the particular case.' United States v. ”