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YOUNG ET AL. v. SMITH ET AL.

Not in source.

40 U.S. 287 (1841)

15 Pet. 287

10 L.Ed. 741

JANE YOUNG, AND OTHERS, LEGATEES OF JOHN PARKS, DECEASED, APPELLANTS, v. EDWARD L. SMITH, AND HENRY N. ALLEN, EXECUTORS OF THE LAST WILL AND TESTAMENT OF JOHN PARKS, DECEASED.

Supreme Court of United States.

February 23, 1841.

Attorney(s) appearing for the Case

This case was before the Court, on a motion to dismiss the appeal; the decree of the Circuit Court of Alabama, being, as was contended by Mr. Sergeant, for the appellees, an interlocutory, and not a final decree.

Mr. Key opposed the motion.

Mr. Justice STORY delivered the opinion of the Court.

This is an appeal from the decree of the Circuit Court of the Southern District of Alabama, in a suit in equity; and the only question now submitted for our consideration is whether the decree in the case is a final decree, in the sense of the acts of Congress of the 24th of September, 1789, ch. 20, sec. 22; and the act of 3d of March, 1803, ch. 93; from which an appeal lies to this Court.

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