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12 Ind. 439

Love v. Mikals

Indiana Supreme Court

Decided June 10, 1859

Indiana Supreme Court · decided 1859-06-10

<p>APPEAL from the Bartholomew Court of Common Pleas.</p>

Decided 1859-06-10

Per Curiam.

¶1Mikals, as administrator, filed his petition praying for an order to sell certain real estate of his intestate, to pay debts, &c. An order was granted, from which the defendants appeal. The appeal is prematurely taken, and cannot be sustained. The order for the sale is not a “final judgment” from which an appeal lies, under the provisions of § 556, 2 R. S. p. 159. This was settled in the case -of Staley v. Dorset, 11 Ind. R. 367. That case was like the present, and must govern it.

¶2The appeal is dismissed with costs.

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