Torrez v. Brady

OPINION OF THE COURT

CATRON, J.

From a decree in a statutory partition suit, ascertaining and declaring the rights, titles, and interests of all the parties, ordering partition of the premises, and appointing commissioners for such purpose, defendants have appealed. Appellees, plaintiffs below, now move to dismiss the appeal upon the ground that the decree appealed from is interlocutory and that application for appeal was not made within the statutory period.

The decree in question was filed May 1, 1930; the application for appeal was made and granted May 24, 1930, more than twenty days after…