Legal Opinion

Davie v. Davie

Supreme Court of Arkansas

Decided May 15, 1889PublishedCited by 31 opinions

APPEAL from White Circuit Court in Chancery. M. T. Sanders, Judge. This was an action of ejectment brought by Edward Davie and others against J. M. Davie, for the recovery of a section of land to which they claim title as heirs at law of J. C. Davie. The defendant claims the land as devisee of Caroline M. Davie deceased, the widow of J. C. Davie, alleging in his answer that she acquired title under certain conveyances executed by the heirs.

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APPEAL from White Circuit Court in Chancery. M. T. Sanders, Judge. This was an action of ejectment brought by Edward Davie and others against J. M. Davie, for the recovery of a section of land to which they claim title as heirs at law of J. C. Davie. The defendant claims the land as devisee of Caroline M. Davie deceased, the widow of J. C. Davie, alleging in his answer that she acquired title under certain conveyances executed by the heirs. One of these conveyances was executed by Elizabeth A. Finch in consideration of $1000. The interest of M. E. .Clement in the land was acquired, as…

1Opinion of the CourtCockrill, C. J.

1.appeals: From what decrees allowed. The right of appeal is limited in general to final, judgments and does not extend to interlocutory orders. Batesville & Brinkley Ry., ex parte, 39 Ark., 82. The object of the limitation is to present the whole cause here for determination in a single appeal, and thus prevent the unnecessary expense and delay of repeated appeals. A judgment in equity is understood ordinarily to be interlocutory when inquiry as to matter of law or fact is directed preparatory to a final adjudication of the rights of the parties. Russell v. Beebe, 19 How., 283. But “where…

2Cases cited4 opinions

  1. Thomson v. DeanSupreme Court of the United States · 1869
  2. Beebe v. RussellSupreme Court of the United States · 1857
  3. John Perkins v. Edward F. Fourniquet and Wife, and Martin W. Ewing and WifeSupreme Court of the United States · 1848
  4. Burlington, Cedar Rapids & Northern Railway Co. v. SimmonsSupreme Court of the United States · 1887

3Cited by31 opinions

  1. Wells v. ShriverSupreme Court of Oklahoma · 1921
  2. McDonald v. RankinSupreme Court of Arkansas · 1909
  3. Flanagan v. Drainage District No. 17Supreme Court of Arkansas · 1928
  4. Davis v. HaleSupreme Court of Arkansas · 1914
  5. Seitz v. MeriwetherSupreme Court of Arkansas · 1914

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