Eagan v. Phister
Eagan v. Phister
Opinion of the Court
delivered the opinion of the Court.
At a chancery sale, under a decree which Phister obtained against James et al., in the Chancery Court at Memphis, Eagan became the purchaser of certain real
It is now insisted by the counsel for the defendants in error, that the appeal was properly denied, that this was not a final decree from which an appeal would lie. To the correctness of this assumption, we do not assent. As to the plaintiffs in error, this decree or, judgment was final, for an amount as ascertained and fixed, and nothing remained to be done, but to enforce the payment of the money by fieri facias. From this judgment, we think it is clear, that the plaintiffs in error could demand an appeal as a matter of right, and that the same should have been granted by the Chancellor. The case, however, is properly before us by the writ of error, there is no error in the judgment: The. Chancellor had the right to render the judgment without notice; the plaintiffs in error were quasi parties by the purchase and the execution of their note,
Let the judgment be affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.