Sowell v. Sowell
Mississippi Supreme Court
Appeal from the chancery court of Panola county. Hon. D. M. Kimbrough, Chancellor. Suit by Matt T. Sowell et al. against John L. Sowell et al. From a judgment ordering sale of lands for partition, defendant appeals.
Read the full summary
Appeal from the chancery court of Panola county. Hon. D. M. Kimbrough, Chancellor. Suit by Matt T. Sowell et al. against John L. Sowell et al. From a judgment ordering sale of lands for partition, defendant appeals. The appellee filed a bill in chancery against appellants, alleging that they were tenants in common of certain lands described in the bill, and praying for a sale of said lands, for a division of the proceeds among the owners according to their respective interests. Appellants who were defendants below, answered, denying that appellees, complainants below, owned any interest…
1Opinion of the CourtMayes, C. J.
It is our judgment that the decree rendered in,this case is an interlocutory and not a final decree. For this reason, this case was dismissed on motion of appellees. The case is again before the court on suggestion of error. That the decree in this case is an interlocutory and not a final decree is settled by the cases of Gilleylan v. Martin, 73 Miss. 695, 19 South. 482;. Beeks v. Rye, 77 Miss. 358, 27 South. 635, and Sweatman v. Dean, 86 Miss. 641, 38 South. 231.
Under section 35 of the Code of 1906, if an appeal is desired from an interlocutory decree, it is required that the appeal “be…
Also in this document: Dissent.
2Cases cited4 opinions
- Heirs of Wykoff v. MillerSupreme Court of Louisiana · 1895
- Gilleylen v. MartinMississippi Supreme Court · 1896
- Sweatman v. DeanMississippi Supreme Court · 1905
- Beeks v. RyeMississippi Supreme Court · 1899
3Cited by2 opinions
- Blum v. Planters' Bank & Trust Co. of OpelousasMississippi Supreme Court · 1929
- Barlow v. RutlandMississippi Supreme Court · 1965