
    Henry D. Hatton vs. William L. Weems.
    
    June, 1839.
    Since the passage of the act of 1830, ch. 185, an appeal will not lie, from a decree of the court of chancery, or of the county courts as courts of equity, for the delivery of real or personal property, and an account of the rents and profits thereof, until such an account shall have been taken and finally acted upon by the court.
    Appeal from the Court of Chancery.
    The bill in this cause was filed on the 31st December 1832, by William L. Weems and wife, against Henry D. Hatton, for a discovery and account; and removal of Henry I). Hatton as a trustee of said Mary, &c., and for general relief. The cause was so proceeded in, that on 19th January 1838, the Chancellor (Bland) decreed that, the said H. D. Hatton deliver up and hand over to the complainant (William L. Weems administrator of Mary Jinn Weems now deceased) certain negro slaves &c., and their increase since &c., together with one half of the stock, plantation, utensils and furniture of Henry Hat-ton, deceased, bequeathed to his daughter the said Mary, &c., and that the said Henry H. Hatton account with the plaintiff, of and concerning the rents, issues, and profits of the real estate, devised by the said testator to the said H. J). Hatton, in trust for the said Mary, the late wile of the complainant, from &c., and also account for the hire and profits of the aforesaid negroes and their increase, and for the personal property &c., with the usual directions to take further proof.
    From this decree the defendant H. D. Hatton, entered an appeal, and prayed the court to prescribe the penalty of an appeal bond, which was done at $10,000 on the 2nd February-' 1838.
    Upon the 5th February 1838, the said Henry D. Hatton filed his petition in the Court of Chancery, praying that the decree' of the 19th January 1838, might be set aside; that the complainant may be required to give security for costs, and that the' petitioner may be permitted within a limited time to file an answer, w’hich was exhibited with the said petition, &c.
    Upon this petition the Chancellor ordered on the same day, that it should stand for hearing on the 17th February, and that an answer thereto on oath by the solicitor of W. L. Weemsmight be read at the hearing, subject to all just exceptions, with leave to either party to insist on an answer to the said' petition from the said Weems himself, and that all proceedings under the decree be suspended until said hearing, and-further order, provided that a copy, &c.
    The said William L. Weems having answered this petition, that, with the answer, was submitted to the Chancellor on the 20th February, 1838, whereupon-it was ordered, that the order of the fifth instant be and the same is hereby rescinded and annulled, and that the said petition of Henry D. Hatton, he, and the same is hereby dismissed with costs, &c.
    The defendant then appealed, as well from the decree of the 19th January 1838, as from-the order of the 20th February 1838, and filed an appeal bond with reference to the decree of January, which was approved by the Chancellor.
    At this term, JL C. Magruder and J. Johnson for the appellee moved to dismiss the appeal under the act of 1830, ch„ 185, which declares, that no appeal shall hereafter be allowed from any decree or order of the -Chancery Court, or county court sitting as a court of equity, unless it be a final decree, or order in the nature of a final decree, and that upon appeal from a final decree, or order in the nature of a final decree, within the time limited by law for such appeals,, all previous orders and decrees passed in the cause, shall be open in the appellate court, in the same manner, as if-.such previous orders and decrees had been, as heretofore, appealed from within nine months from the time of passing the same, provided always, that any execution of any decree or order of the Chancery Court, &c,, for the sale, conveyance, a delivery of possession of real or personal property, or the payment of money, or the bringing of money into court, or the appointment of a receiver, or the opening of any way public or private, from which the right of an immediate appeal is taken away by this act, shall not be suspended or staid, unless a prayer for an appeal be entered on the docket, and filed among the proceedings in the cause, and bond in such penalty as the Chancellor or the county courts (as the case may be) may prescribe, with good and sufficient security, to be approved by the Chancellor or the county court, shall be given.
    The motion to dismiss was argued before Buchanan, C. J., Stephen, Archer, Dorsey, and Chambers, J.
    By ./. Johnson and A. C. Magruder for the motion, and
    By Alexander contra.
   APPEAR DISMISSED.  