Stebbins v. Niles

Citations

• 21 Miss. 307

Syllabus

<p>Under the statutes of this state, a writ of error to revise an interlocutory decree of the chancery court cannot be issued by the cleric of the chancery court on the application of the party desiring the writ; such decree can only be revised by an appeal in term time, or by order of the chancellor in vacation.</p> <p>A bill was filed, seeking to subject certain lands to an alleged lien, &c.; the chancellor declared the land subject to the lien, and ordered it to be sold by a commissioner. The decree also provided for the costs of the suit, leaving no question unsettled but the appropriation and distribution of the fund for which the land might sell: Held, that this was not an interlocutory decree, but a final one from which a writ of error might be prosecuted.</p>