MARTIN, Chief Justice.
At the threshold of this case we are met with a motion by the appellee to dismiss the appeal upon the ground that it was taken by appellant from a decree denying a motion for a rehearing, and not from the final decree of the court disposing of the case upon its merits. However, an examination of the record leaves the facts relating to this point in such uncertainty that we have considered the case upon its merits rather than dismiss it summarily...
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