142 Ala. 185
Decided November 15, 1904
Supreme Court of Alabama · decided 1904-11-15
<p> Bill in Equity to Quiet Title to Land. </p> <p>1. Appeal does not He from decree overruling a motion to dismiss cross-bill. — An appeal does not lie to the Supreme Court from a decree of a chancellor overruling a motion to dismiss a cross-hill for the want of equity therein; the statute authorizing an appeal from an interlocutory decree overruling a motion to dismiss a bill for the want of equity, (Code § 427) having application solely to a hill in equity, and not a cross-bill.</p>
Decided 1904-11-15
¶1This is an (attempted) appeal from a decree overruling a motion to dismiss a cross bill for want of equity. The appeal is not authorized by statute. There is a statute authorizing an appeal from an interlocutory decree overruling a motion to dismiss a till for want of equity, (Code, § 427); but there is no statute providing for appeal from such decree in respect of a cross'bill. The appeal must be dismissed.
¶2Appeal dismissed.