Gilleylen v. Martin

Citations

• 73 Miss. 695

Syllabus

<p>1. Appeals. Bill of review. Decree sustaining same.</p> <p>A bill of review to set aside a partition or a sale of land for division of proceeds among tenants in common, is independent of and constitutes no part of the proceeding in which the land was sojd, and a decree sustaining such bill is a final decree, from which an appeal will lie.</p> <p>2. Same. Scope of appeal. Original cause.</p> <p>An appeal from a decree sustaining such bill of review, and vacating all the proceedings in the original cause back to the original petition, brings up the propriety of the action of the court below in sustaining said bill, and also in vacating the original proceedings for errors apparent in the record thereof.</p> <p>3. Partition. Unassigned dower.</p> <p>There could be no valid partition or sale of land for division of proceeds under § 2553, code 1880, while there existed an outstanding unassigmed dower interest in the same. Fox v. Goon, 64 Miss., 465; Woodv. Bryant, 68 lb., 198; Ligón v. Spencer, 58 lb., 37.</p> <p>4. Appeals. Partition. Interlocutory decree.</p> <p>A decree directing a partition of land, if it can be equitably done, and, if not, that the commissioners appointed to make the same shall report accordingly to the next term of court, is not a final decree, but an interlocutory decree, from which no appeal lies.</p>