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92 Vt. 401

Pease v. Edgerton

Supreme Court of Vermont

Decided September 17, 1918

Supreme Court of Vermont · decided 1918-09-17

Two Petitions eor Partition against the same defendants, Windsor County. The petitions were transferred to the court of chancery. Heard on defendants’ demurrers to the amended bills in Chambers on January 12, 1918, Stanton, Chancellor. From orders overruling the demurrers and adjudging the bills sufficient, the defendants were granted leave to appeal. Heard together in Supreme Court on plaintiffs’ motions to dismiss the appeals.

Cited by 1 later decisions — most recently January 1947

1 state decisions

Relies on Ludlow Savings Bank & Trust Co. v. Knight

Good law ✅— No negative treatment on recordhow we know

Decided 1918-09-17

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Per Curiam.

¶1These cases were heard together on motion to dismiss the appeals and present the same question. The actions as originally brought were petitions at law for partition. Such proceedings were had therein that, on the application of *402the plaintiff in each case, the cause was transferred to the court of chancery and amended into a suit in equity under the provisions of the Practice Act. In each case the amended pleadings terminated in a demurrer to the bill, which being brought on for hearing was overruled, and the bill was adjudged sufficient. Leave was granted the defendants to appeal by filing proper motions therefor. Appeals having been taken and entered in this Court, the plaintiffs move to dismiss for that the order appealed from in each case is not a final decree.

¶2The motions are well grounded. The appeals were clearly from interlocutory orders, while the statute authorizes appeals from final decrees only. G. L. 1561. The leave granted could not enlarge the right of appeal conferred by the statute. It follows that the causes remain in the court of chancery awaiting further proceedings. Ludlow Sav. Bk. & Tr. Co. v. Knight, 91 Vt. 172, 99 Atl. 633.

¶3Appeals dismissed.

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