4 So. 2d 342 | Miss. | 1941
Appellants filed their bill against the several grantees in certain separate mineral deeds praying for their cancellation or reformation on the ground that they constituted clouds upon title of appellants. These deeds with one exception had been executed to the respective defendants by appellants who alleged mistake, absence of consideration and other grounds.
A special demurrer was filed setting up that "the said complainant (sic) is multifarious and repugnant in its allegations." Upon the same grounds the trial court sustained the demurrer and allowed an appeal "to settle the principles of law involved in this case."
The appeal is improvident and cannot be entertained. Ward v. Whitfield,
The demurrer raised and the interlocutory decree thereon adjudicated merely a procedural matter (Section 396, Code 1930) and an appeal therefrom not only would not settle all controlling substantive principles involved in the cause, as contemplated by Section 14, Code 1930, but, indeed, none at all. The appeal therefore must be dismissed.
Appeal dismissed. *851