Cutting

(after stating the facts as above). The appellees move to dismiss the appeal on the ground that the decree is not final. In McGourkey v. Toledo & Ohio Ry. Co., 146 U. S. 536, 545 , 13 Sup. Ct. 170, 172 ( 36 L. Ed. 1079 ), the court observed that the cases on the subject of the finality of decrees “are not alto- *309 getlier harmonious.” Both parties to this appeal cite decisions of the Supreme Court in support of their respective contentions. But the question, so far as the present case is concerned, is, we think, not difficult of solution. In determining whether a decree which does not dispose of the whole case is final, so as to allow of an appeal, the controlling question is whether the decree finally determines some separable portion of the case in such a way that the defendant may be injured by denying him an appeal at that, stage of the proceedings. In Forgay v. Conrad, 6 How. 204 ( 12 L. Ed. 401 ), Chief Justice Taney said:

In Perkins v. Eourniquet, 6 How. 206 , 12 R. Ed. 406, the court said:

In Pulliam v. Christian, 6 How. 209 , 12 L. Ed. 408 , the decree set aside a deed, and directed the trustees under that deed to deliver up all property remaining in their hands…