Garrison v. Schmicke

Plaintiff has appealed from an order sustaining a petition, defendants F.W. and Lillian M. Schminke (or Schmicke), petitioners, to review a default judgment. See Section 1247 et seq. R.S. 1939, Mo. R.S.A. sec. 1247 et seq. The judgment, set aside by the order sustaining the petition for review, was rendered in an action (the instant action) in equity to cancel a deed executed by the petitioners on the ground that the deed was fraudulent as to an existing creditor, plaintiff. Title to real estate is involved, and this court has jurisdiction of the appeal. Section 3, Article V, Constitution of…