117 So. 2d 191 | Ala. | 1959
Appellant, J. R. Ogle, filed a bill of complaint in the circuit court of Morgan County, in equity, against his divorced wife, Bessie Ogle, appellee, seeking cancellation of a deed. A final decree was rendered denying the relief prayed for and dismissing the bill. Appellant then moved for a rehearing pursuant to Equity Rule 62, Tit. 7, Code 1940, Appendix. A decree was rendered overruling the motion. This appeal is from that decree.
We have no alternative but to dismiss the appeal for want of jurisdiction. It has been held consistently that no appeal will lie from a decree overruling a motion for a rehearing in equity. Equity Rule 62, supra; Duke v. Scotch Lumber Co.,
The rehearing motion made no point that the decree sought to be set aside is void on its face. In this connection, see Wheeler v. Bullington, supra; Capps v. Norden, supra; Robinson Co, v. Beck,
Appeal dismissed.
LAWSON, STAKELY, MERRILL and COLEMAN, JJ., concur.