Beloate v. Smith

Examination of the transcript discloses that there has been no final judgment or other appeal-able order in this case. Begun as an ejectment suit by W. E. Beloate as executor and devisee of S. R. Beloate, deceased, it was transferred to the chancery court on motion of appellee Tizzie Smith, who was the original defendant below.

Two orders made below (in addition to order transferring the cause to equity) are shown in the transcript.

One of these is an order eliminating from the complaint W. E. Beloate as executor. This order was not a final one, because W. E. Beloate, individually, was the real…