Reed v. Colp

• Decision Date: 12 May 1903
• Citation: 74 S.W. 422
• Parties: REED et al. v. COLP et al.
• Court: Missouri Court of Appeals

74 S.W. 422

REED et al. v. COLP et al.

Court of Appeals at St. Louis, Missouri.

May 12, 1903.

COURTS—APPELLATE JURISDICTION—SUITS TO SET ASIDE TRUST DEED TO LAND.

1. A suit to set aside a deed of trust to land on the ground of fraud in its procurement directly involves the title to real estate, within the meaning of the Constitution defining the jurisdiction of the Supreme Court, and an appeal in such a suit to one of the Courts of Appeals will be transferred to the Supreme Court.

Appeal from Circuit Court, Stoddard County; Jas. L. Fort, Judge.

Action by M. O. Reed and others against John Colp and others. Judgment for plaintiffs, and defendants appeal. Appeal transferred to Supreme Court.

L. R. Thomasson, for appellants. Mozley & Wommack, for respondents.

BLAND, P. J.

The object of the suit is to set aside a deed of trust to land on the alleged ground of fraud in its procurement. Such a suit directly involves title to real estate, within the meaning of the Constitution defining the jurisdiction of the Supreme Court. Nearen v. Bakewell, 110 Mo. 645, 19 S. W. 988; Overton v. Overton, 131 Mo. 559, 33 S. W. 1; Scheer v. Scheer, 148 Mo., loc. cit. 448, 50 S. W. 111; Bouner v. Lisenby, 73 Mo. App. 562. For the reason, therefore, that the jurisdiction of the subject-matter of this suit is by the Constitution of the state vested in the Supreme Court, the cause is transferred to that court.

REYBURN and GOODE, JJ., concur.