Nat. D. Page v. Nathaniel C. Page's Administrator, Lois Grace (Page) Brown And Russell Brown

• Decision Date: 18 January 1917
• Citation: 99 A. 780,91 Vt. 188
• Parties: NAT. D. PAGE v. NATHANIEL C. PAGE'S ADMINISTRATOR, LOIS GRACE (PAGE) BROWN AND RUSSELL BROWN
• Court: Vermont Supreme Court

99 A. 780

91 Vt. 188

NAT. D. PAGE v. NATHANIEL C. PAGE'S ADMINISTRATOR, LOIS GRACE (PAGE) BROWN AND RUSSELL BROWN

Supreme Court of Vermont

January 18, 1917

January Term, 1917.

BILL IN EQUITY, brought to confirm the title of the orator in certain real estate and personal property and praying for an injunction restraining the defendants from interfering with his possession thereof. Heard on the demurrer of the defendant Russell Brown, in vacation after the March Term 1916, Washington County, Butler, Chancellor. Decree overruling the demurrer, with leave to the defendant to replead. The defendant filed a motion for an appeal. The opinion states the case.

Appeal dismissed.

H William Scott and John W. Gordon for the plaintiff.

Edward H. Deavitt for the defendant, Russell Brown.

Present: MUNSON, C. J., WATSON, HASELTON, POWERS, and TAYLOR, JJ.

OPINION

TAYLOR

By his bill plaintiff seeks a decree confirming his title to certain real estate and personal property and an injunction restraining the defendants from interfering with his possession of the same. Defendants Cave and Lois G. Brown severally filed answers, that of the former containing special matter going to the merits of the bill in lieu of a formal plea. Defendant Russell Brown filed a formal demurrer to the bill. The case was brought on for hearing on the demurrer alone, which was overruled and the demurrant given leave to replead. Without proceeding further in the court of chancery this defendant alone filed a motion for an appeal and the case has been argued as though here on the appeal.

But the motion was ineffectual to bring the case to this Court. The chancellor's order disposing of the demurrer was not a final order or decree in the case; and it is only from such an order or decree that an appeal is authorized. P. S. 1307; Tudor v. Kennett, 88 Vt. 291, 92 A. 213; Vermont Savings Bank v. Bailey, 87 Vt. 220 88 A. 561; McArthur v. Blondin, 86 Vt. 62, 83 A. 468; Abbott v. Sanders, 83 Vt. 165, 74 A. 1058; Taft v. Mossey's Estate, 77 Vt. 165, 59 A. 166; Lamoille Co. Sav. Bk. & Tr. Co. v. Buck, 69 Vt. 369, 38 A. 62; Ludlow Savings Bank & Trust Co. v. Knight, 91 Vt. 172, 99 A. 633. The test of finality of a decree in chancery from which an appeal lies is that it disposes of the merits of the cause,--settles the rights of the parties on the issues made by the pleadings. Nelson v. Brown, 59 Vt. 600, 10 A. 721.

The case then is not properly...