Barclay v. Spragins
Supreme Court of Alabama
Appeal from Madison Chancery Court. Heard before the Hon. S. K. McSpadden. The hill in this cause was filed by appellee as the* administrator de bonis non and cum testaments annexo of Samuel W. Coon, deceased, seeking to enforce a charge of three thousand dollars upon lands devised by his testate, Samuel W. Coon, to Mildred A, Barclay for life, subject at her death to said charge of three thousand dollars to be paid to the personal representative of said Coon, for the…
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Appeal from Madison Chancery Court. Heard before the Hon. S. K. McSpadden. The hill in this cause was filed by appellee as the* administrator de bonis non and cum testaments annexo of Samuel W. Coon, deceased, seeking to enforce a charge of three thousand dollars upon lands devised by his testate, Samuel W. Coon, to Mildred A, Barclay for life, subject at her death to said charge of three thousand dollars to be paid to the personal representative of said Coon, for the benefit of his estate. The bill alleges the death of said Mildred A. Barclay, and the demand by complainant of the…
1Opinion of the CourtSomerville, J.
The appeal in this cause is taken from an interlocutory decree of the chancellor sustaining a demurrer to a cross-bill, without any order of dismissal or other disposition of it.
Such a decree is manifestly interlocutory and not final, and no appeal from it will lie to this court, unless it can be sustained as coming within the influence of section 3918 of the present Code. In Parish's Adm'r v. Galloway, 34 Ala. 163, it was held that an appeal would not lie from a decree dismissing a cross-bill and continuing the original cause, because such a decree is not final. The case of Brooks v. Woods,…
2Cases cited5 opinions
- Brooks v. WoodsSupreme Court of Alabama · 1867
- Cox v. EasleySupreme Court of Alabama · 1847
- Winn v. DillardSupreme Court of Alabama · 1877
- Parish's Adm'r v. GallowaySupreme Court of Alabama · 1859
- Winn v. DillardSupreme Court of Alabama · 1876
3Cited by11 opinions
- Lindsay v. CooperSupreme Court of Alabama · 1891
- Etowah Mining Co. v. Wills Valley Mining & Mfg. Co.Supreme Court of Alabama · 1898
- Smith v. SmithSupreme Court of Alabama · 1928
- Throne Franklin Shoe Co. v. GunnSupreme Court of Alabama · 1898
- Buford v. WardSupreme Court of Alabama · 1895
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