Supreme Court of Arkansas, 1842

Johnson's Ex'r v. Clark

Johnson's Ex'r v. Clark
Supreme Court of Arkansas · Decided January 15, 1842
4 Ark. 235

Johnson's Ex'r v. Clark

Opinion of the Court

Held, that, according to the act of the General Assembly regulating the practice of the Circuit Courts in cases in Chancery, a party is not entitled to an appeal, unless upon a final decision, order, or decree.

And that, where the drecree affirms that the conveyance of certain slaves is a mortgage, and that the complainant has a right to redeem under it, and directs the Master in Chancery to take an account, and make report to the next term of the Court; these facts clearly show that the decree is merely interlocutory, and not final or conclusive between the parties; and fhc appeal will be dismissed for want of jurisdiction.

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