Bond v. Marx
Bond v. Marx
Opinion of the Court
The appellee filed her petition in the court of probate, praying that appellant as administrator of her deceased husband, be decreed to pay her one thousand dollars, less the value of specific articles of personal property she had retained from moneys in his hands, as exempt to her under § 2884 of the 'Revised Code; and also one-third of the rents of real estate received by him as such administrator. The court on a hearing decreed to appellee $893.75, which added to the value of the specific property she had retained, made one thousand dollars, and continued the petition as to the claim for rents. We are constrained to dismiss the appeal. The order or decree is not final, and it is only from a final order, judgment or decree, that an appeal will lie. Decrees in equity and the decrees or orders rendered by a court of probate, bear a strong analogy. A decree in equity, not ascertaining and defining all the equities of the parties, though a portion of them may be, will not support an appeal. Garner v. Prewitt, 32 Ala. 13; Brad
The appeal is dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.