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214 Ala. 418

108 So 253

Holmes v. King

Supreme Court of Alabama

Decided April 15, 1926

Supreme Court of Alabama · decided 1926-04-15

Relies on Bickley v. Hays

Good law ✅— No negative treatment on recordhow we know

Decided 1926-04-15

How this case has been cited

Cited by 8 later decisions — most recently December 1942

8 state decisions

40192619301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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*419 SAYRE, J.

¶1 Appellant, sole child and heir of W. H. Holmes, averred to be civilly dead by reason of a sentence to the penitentiary for life, filed the bill in this cause to redeem, that is, to enforce, an alleged equity of redemption in lands and personal property left by her ancestor. Appellee replied by demur•ring to the bill, which demurrer was sustained, and by a plea, to state it in short, that the mortgages alleged in the bill had been duly foreclosed. Appellant’s motion to strike the plea and her demurrer thereto were overruled.

¶2 The decree on the demurrer to the bill was simply that “demurrers to the original bill be and the same are hereby sustained.” This decree did not dispose of the cause, did not dismiss the bill, and was interlocutory. Bickley v. Hays, 62 So. 767, 183 Ala. 506, and cases there cited. The appeal is governed by section 6079 of the Code of 1923 and, on appellee’s motion, must be dismissed because not taken within 30 days of the decree.

¶3 The decrees on appellant’s demurrer to the plea and motion to strike were also interlocutory, necessarily so, and as against them no appeal will lie; nor can they be assigned for error in advance of a decree disposing of the cause finally.

¶4 Appeal dismissed.

GARDNER, MILLER, and BOULDIN, JJ., concur.
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