
    Kilgore v. Tennessee, Coal, Iron & R. R. Co.
    
      Bill to Quiet Title.
    
    (Decided January 14, 1915.
    67 South. 1002.)
    
      Appeal and Error; Orders Appealable; Setting Aside Verdict by (Chancellor. — An order of the chancellor setting aside the verdict of a jury, taken on the certification of an issue of fact from the chancery court for trial in the circuit court before a jury, will not support an appeal.
    Appeal from Walker Chancery Court.
    Heard before Hon. A. H. Benners.
    Bill by the Tennessee Coal, Iron & Railroad Company against J. R. Kilgore, to quiet title. Certain facts were certified to the circuit court for trial by a jury, and on return of the finding of the jury in the circuit court, the chancellor entered a decretal order setting aside the verdict of the jury, from which the respondent appeals.
    Appeal dismissed.
    Gunn & Powell, and Bankhead & Bankhead, for appellant.
    A. F. Fite, and Percy, Benners & Burr, for appellee.
   McCLELLAN, j.

This appeal is sought .to be effected upon and from an interlocutory order of the chancery court setting aside, on motion, the verdict of a jury which was taken under the certification of an issue of fact for trial in the circuit court before a jury. Such an order is not appealable.—Ex parte Colvert, 188 Ala. 650, 65 South. 964.

The motion to dismiss the appeal must be sustained.

Appeal dismissed.

Anderson, C. J., and Sayre and de Graffenried, JJ., concur.  