Indiana Supreme Court, 1859

Love v. Mikals

Love v. Mikals
Indiana Supreme Court · Decided June 10, 1859
12 Ind. 439

Love v. Mikals

Opinion of the Court

Per Curiam.

Mikals, as administrator, filed his petition praying for an order to sell certain real estate of his intestate, to pay debts, &c. An order was granted, from which the defendants appeal. The appeal is prematurely taken, and cannot be sustained. The order for the sale is not a “final judgment” from which an appeal lies, under the provisions of § 556, 2 R. S. p. 159. This was settled in the case -of Staley v. Dorset, 11 Ind. R. 367. That case was like the present, and must govern it.

The appeal is dismissed with costs.

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