Turner v. Morris

• Decision Date: 01 July 1909
• Citation: 222 Mo. 21,121 S.W. 9
• Parties: TURNER v. MORRIS.
• Court: Missouri Supreme Court

121 S.W. 9

222 Mo. 21

TURNER v. MORRIS.

Supreme Court of Missouri, Division No. 1.

July 1, 1909.

1. COURTS (§ 231) — NATURE OF CONTROVERSY — JURISDICTION.

Before the Supreme Court can entertain an appeal on the ground that title to real estate is involved, within Const. art. 6, § 12 (Ann. St. 1906, p. 218), the record must show that the title to the real estate mentioned in the pleadings will be directly affected by the judgment to be rendered, and the fact that the title may be incidentally, collaterally, or unnecessarily inquired into at the trial to determine the issues is insufficient, when the judgment rendered does not directly affect title, and may be satisfied by the payment of money.

2. COURTS (§ 231) — NATURE OF CONTROVERSY — JURISDICTION.

A judgment, awarding relief, as prayed for in replevin for wheat claimed by defendant, on the ground that he had purchased by warranty deed from plaintiff the land on which the wheat grew, does not affect the title to the real estate purchased, and an appeal does not lie to the Supreme Court on the ground that title to real estate is involved, within Const. art. 6, § 12, (Ann. St. 1906, p. 218).

Appeal from Circuit Court, Barry County; F. C. Johnston, Judge.

Action by George M. Turner against A. B. Morris. From a judgment for plaintiff, defendant appeals. Cause certified to the St. Louis Court of Appeals.

This is a suit in replevin, brought by the plaintiff before a justice of the peace, in Barry county, to recover 66 2/3 bushels of wheat, the value of which was assessed by the jury at the sum of $82.50. The defendant filed answer, under oath, alleging that title to real estate would be an issue in the case, for the reason that he had purchased, by general warranty deed from plaintiff, the land on which the wheat in controversy grew, during the month of February, 1905, and that plaintiff made no reservation of the growing wheat thereon in said deed, and that all of plaintiff's interest in the wheat was sold to defendant as a part of the land. Thereupon, under and by authority of section 3951, Rev. St. 1899 (page 2173, Ann. St. 1906) the justice certified the cause to the circuit court of Barry county. A trial was had before the court and a jury, which resulted in a verdict and judgment for the plaintiff. In due time defendant filed a motion for a new trial and in arrest of judgment, which were by the court overruled. After excepting to the action of the court in that regard, defendant appealed the...