Padilla v. Mason

OPINION

By the Court,

Coleman, C. J.:

Respondent has made a motion to dismiss the appeal from the interlocutory decree made and entered herein and from the order directing the sale of the property described in the decree, to affirm the order, and for damages.

This is a partition proceeding. No answer was filed to the complaint. Upon the hearing the court ordered the property sold at public auction.

The motion is based upon the following grounds: (1) That there has not been filed and served a proper transcript on appeal; (2) that there has not been filed or served any bill of exceptions; (3) that…