Sowell v. Sowell

Decided October 15, 1911

Mississippi Supreme Court · decided 1911-10-15

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.

Cited by 2 later decisions — most recently April 1965

2 state decisions

Relies on Gilleylen v. Martin · Sweatman v. Dean · Beeks v. Rye

Good law ✅— No negative treatment on recordhow we know

Decided 1911-10-15

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Mayes, C. J.,

¶1delivered the opinion of the court.

¶2It 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.

¶3Under section 35 of the Code of 1906, if an appeal is desired from an interlocutory decree, it is required that the appeal “be applied for within ten days after the date of the order or decree complained of.” In this case, a compliance with this statute was not attempted on the part of appellants, and, of course, this appeal must be dismissed.

¶4The suggestion of error is overruled.

McLean, J., dissents.

¶5Dismissed.