Jones's Administrator v. Craig

Citations

• 127 U.S. 213
• 8 S. Ct. 1175
• 32 L. Ed. 147
• 1888 U.S. LEXIS 1983

Syllabus

<p>A brought ejectment against B. B thereupon filed a bill in equity, (which was subsequently amended,) to remove a cloud from the title, setting up that the deed under which A claimed was-a mortgage, with a written contract of defeasance. A demurred. Upon hearing on the demurrer it was ordered that if B should, within fifteen days, bring into court the amount due on the mortgage,-and interest, and all taxes paid by A, etc., A should be restrained from further prosecution of the ejectment suit; but that if he should fail to do so within that time, the bill should be dismissed and the defendant allowed to proceed with the suit. Held,</p> <p>(1) That this order, made upon hearing of a demurrer to a bill in chancery, was wholly irregular; but,</p> <p>(2) That this court was without jurisdiction as the order was not a final decree.</p>