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13 Ind. 446

Berry v. Berry

Indiana Supreme Court

Decided November 15, 1859

Indiana Supreme Court · decided 1859-11-15

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

Decided 1859-11-15

Per Curiam.

¶1Petition for partition, by the appellees against the appellant and others. There was judgment awarding partition, and commissioners appointed to make such partition, and from this interlocutory judgment or order, the appeal is taken, there having been no return made by the commissioners, and the proceeding not having been finally disposed of by the Court below. In such case no appeal lies to this Court. This was settled in Griffin v. Griffin, 10 Ind. R. 170.

¶2The appeal is dismissed at the cost of the appellant.

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