Hendrix v. Francis
Supreme Court of Alabama
Appeal from Circuit Court, Morgan County ;' Robert C. Brickell, Judge. Suit by Mary L. Looney against R. L. Francis and others, wherein there was final decree for sale of certain lands, with directions to the register to sell the lands and report the sale for confirmation.
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Appeal from Circuit Court, Morgan County ;' Robert C. Brickell, Judge. Suit by Mary L. Looney against R. L. Francis and others, wherein there was final decree for sale of certain lands, with directions to the register to sell the lands and report the sale for confirmation. At the sale Clyde Hendrix and others bought in, and, pending consideration of the register’s report, Henry Francis moved to set aside the. sale, which was confirmed as to some of the land and set aside as to the other, and Hendrix appeals; appellee moving to dismiss the appeal because not founded on final decree.
1Opinion of the CourtMayfield, J.
[1] This is an appeal from a decree or decretal order of the chancery court, confirming in part and setting aside in part a sale of certain lands by the register of the court, in pursuance of a former decretal order of the court directing the sale in question.
Appellee makes a motion to dismiss the appeal on the ground the decree or order is not such a one as will support an appeal.
There is no merit in the motion; the decree is a final one in the sense it will support an appeal. In part it is a final decree in every sense of the word. In so far as it confirmed the sale of a part of the land…
2Cases cited13 opinions
- Wynn v. Tallapoosa County BankSupreme Court of Alabama · 1910
- Sayre v. Elyton Land Co.Supreme Court of Alabama · 1882
- Hutton v. WilliamsSupreme Court of Alabama · 1860
- Littell v. ZuntzSupreme Court of Alabama · 1841
- Allen v. AllenSupreme Court of Alabama · 1885
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3Cited by9 opinions
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- ALCO LAND AND TIMBER COMPANY, INC. v. BaerSupreme Court of Alabama · 1972
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