¶1By section 2247 of the Revised Code, “ any party to a suit or proceeding, aggrieved by a final judgment, decree, or order of the judge of probate, in such suit or proceeding, may appeal to the Circuit or Supreme Court, under the rules regulating appeals from the Courts of Probate,” &c. These rules for appeal, in a case for partition, are contained in clause 6 a, of section 2244, and require that such appeal be taken within six months. More than that *599time elapsed, after tbe final order in this canse was made, before the appeal was sued out; and it must, therefore, be dismissed.
56 Ala. 598
McDade v. McDade
Decided December 15, 1876
Supreme Court of Alabama · decided 1876-12-15
Appeae from a decree rendered by the judge of probate of Montgomery county, in the matter of the petition of Charles McDade, asking an order for the sale of certain lands, belonging to himself and others as tenants in common, for partition, or equitable division among the parties in interest.
Decided 1876-12-15