Scholes v. Kibbe

The report of Kibbe v. Scholes, 219 Ala. 571, 123 So. 61, decides the questions presented on the pleadings. The submission is on motion to dismiss this appeal, and on the merits.

Appellants’ brief refers to the “decree of reference” rendered by the lower court in this cause, which, it is insisted, shows on its face that it is not a final decree, but interlocutory, in that it does not determine all the equities between the parties to the suit; that it is referred to the special master to ascertain what amount of money should the complainant in equity and good conscience be required to pay into…