Levee District No. 4 of Dunklin County v. Small

STONE, Judge.

In this action in ejectment, plaintiff appeals from the judgment of dismissal for failure to prosecute entered on May 24, 1954, which the court, after hearing, refused to vacate on plaintiff’s timely motion. Ejectment is a possessory action [Wood v. Gregory, Mo, 155 S.W.2d 168, 170(3), 138 A.L.R. 142; Hecker v. Bleish, 319 Mo. 149, 3 S.W.2d 1008, 1019(17)]; and, since neither party in the instant case sought adjudication of title and the judgment was one of dismissal, title to real estate is not directly involved and appellate jurisdiction is in this court. Const, of .1945, Art.…