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71 Cal. 405

Miller v. Rea

California Supreme Court

Decided December 17, 1886

California Supreme Court · decided 1886-12-17

<p>Partition—Appeal prom Part of Interlocutory Decree—Notice of Appeal — Service on Adverse Parties.—On an appeal from such specific parts of an interlocutory decree in partition as relate to a particular undivided interest in the land in controversy, the notice of appeal need only be served on the parties, or their attorneys, interested adversely to the appellant' in the undivided interest involved in the appeal.</p>

Decided 1886-12-17

Myrick, J.

¶1Partition. Appeal by J. L. N. Shepard.

¶2A motion was made to dismiss this appeal on the ground that the appellant had not served the notice of appeal on all the adverse parties or their attorneys.

¶3The appeal is from specific parts of the interlocutory decree only, viz., the parts relating to certain portions of an undivided one sixteenth of the rancho Las Animas; the decree as to the remainder of the rancho is not inwolved in the appeal. The notice was served on the parties (or their attorneys) interested adversely to the appellant, in so much of the undivided one sixteenth as is involved in the appeal.

¶4The motion is denied.

¶5McKinstry, J., Morrison, C. J., and Sharpstein, J., concurred.

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