Mize v. Mize

GOODWYN, Justice.

The respondent below brings this appeal from a final decree of the circuit court of Randolph County, in equity, setting aside a deed to him because of the grantor’s incompetency and respondent’s undue influence on the grantor.

Respondent also seeks to appeal from the .decree overruling his application for rehearing. But that decree is not appealable for the reason that it did not modify the final decree. Equity Rule 62, Code 1940, Tit. 7, Appendix. Nor is such a decree subject to review on assignments of error on appeal from the final decree. Long v. O’Mary, 270 Ala. 99, 102,…