109 Ala. 294 | Ala. | 1895
The bill was filed to enforce a vendor’s lien on land, and the defendant filed a cross bill, seeking a rescission of the purchase and discharge from the purchase money notes. The decree from which the appeal is taken reads as follows : “Upon due considerations, it seems to the court that complainant is entitled to the relief prayed for. Tt is adjudged, ordered and decreed that it be, and the same is hereby, referred to the register of this court to ascertain and report, 1st, the amount of the principal and interest due on complainant’s four notes, to his original bill attached, and described in said bill; 2nd, the amount cross-complainant had to pay out in money,and the reasonable value of his time spent, in perfecting his title to said lands, with the interest thereon; 3rd, He will deduct the-latter from the former, and report the difference, if any. He will make his report as soon as may be, and at least by the next term of this court.”
We are of the opinion the above decree is not final, and that the appeal must be dismissed. It is evident that the equities of the case have not been settled or adjudged, and that the appear is prosecuted from an order of reference. In the case of Ex-parte Elyton Land Co., 104 Ala. 88, we recommended to the chancellors the practice, in those cases where references would be necessary, of announcing in an interlocutory decree the opinion formed, when the conclusion is reached that the complainant is entitled to relief, making such other interlocutory decree to secure the full measure of relief the case rendered necessary, and of withholding a final decree until the interlocutory decree is executed. In this manner, the case may be disposed of by one final decree, upon an appeal from which all matters in litigation may be determined by this court, thus preventing the necessity of revising litigated cases by piecemeal. This wholesome practice was pursued by the chancellor in the present case, the opening sentence of the decree, “it seems to the court, that complainant is entitled to the relief prayed for,” being simply the expression of the opinion which the chancellor had formed of the merits of the case. He did not adjudge or decree that the complainant have the relief prayed for, nor indeed any relief, nor
Appeal dismissed.