MR. CHIEF JUSTICE WAITE delivered the opinion of the court.
When this case was called for hearing a motion was made to dismiss because the decree appealed from was not a final decree. The facts are these:
The bill was filed by Dainese as the holder of one of three notes of Gordon, secured by a deed of trust from Gordon to McPherson, trustee, against the maker of the notes, the trustee, and John E. Kendall the holder of the other notes, praying:
1....
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