Clester v. Gibson

This was a complaint for partition of real estate, Clester was the defendant below, and Gibson and *11others, the plaintiffs. The issues were submitted to a jury; verdict for the plaintiffs. Defendant moved for a new trial; but his motion was overruled, and he excepted. Thereupon, the court ordered partition, &c., and appointed commissioners , 1 , x 1 , to make it, who were directed to report at a subsequent term. Defendant appeals to this Court. We have often decided that an order for partition, and the appointment of commissioners to make partition, do not constitute a final judgment in the…