86 A. 558 | R.I. | 1913
This is a bill in equity for partition and an accounting. It was filed September 13, 1912. The answer of Catherine O'Mara was filed October 15, 1912, in which *254 she admits the allegations of the bill as to the respective rights and interests of the parties in and to the real estate described in the bill and also the averment in the bill that it is impossible to make partition of said real estate by metes and bounds, but denies the right of the complainant to an accounting as claimed in the bill.
On October 31, 1912, the bill was taken pro confesso against the other respondent. On December 11, 1912, decree was entered declaring the complainants entitled to partition of said real estate; that partition be made between the parties to the suit according to their respective rights and interests as set forth in the bill and appointing a commissioner to sell and convey said real estate and to pay the purchase money into the registry of the court to await the further order and decree of the Superior Court. From said decree said respondent Catherine O'Mara, on January 10, 1913, claimed an appeal to this court.
On February 28, 1913, the complainants filed a motion in this court that said appeal be dismissed "on the ground that the decree appealed from is an interlocutory decree for the sale of said real estate and the respondent did not take an appeal from said decree to the Supreme Court at any time within ten days from the entry thereof."
We are of the opinion that the decree appealed from is an interlocutory decree. See McAuslan v. McAuslan,
The motion to dismiss the appeal is therefore granted, and the cause is remanded to the Superior Court for further proceedings.