Seeser v. Southwick
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. E. L. Scabbitt, Judge. (1) It is held that a justice of the peace has no jurisdiction in an action for a breach of a covenant of warranty of title to real estate.
Read the full summary
Appeal from the Jackson Circuit Court. — Hon. E. L. Scabbitt, Judge. (1) It is held that a justice of the peace has no jurisdiction in an action for a breach of a covenant of warranty of title to real estate. Bredwell v. The Loan é Investment Co., 76 Mo. 321; Patterson v. Yancy, 81 Mo. 379. (2) The title to real estate is involved in this action on what may be termed the first count in the petition, which seeks to recover money paid to remove the cloud from the title of plaintiffs, occasioned by the alleged trustee’s deed executed by the defendant. It is also involved for the reason that it…
1Opinion of the CourtGill, J.
This case originated before a justice of the peace; was taken by appeal to the circuit court, where on a trial there was judgment for plaintiff and defendants appealed.
The decisive question is, did the justice have jurisdiction of the subject-matter of the action. This is to. be determined from the face of the complaint filed with the justice. In this it is stated, in substance, that plaintiff made a deed of trust, covering a certain lot in Kansas City, to defendant, P. E. Southwick, to secure *670•a debt he was owing the other defendant, L. Y. South-wick; that thereafter plaintiff paid the debt…
2Cases cited4 opinions
- McIntire v. McIntireSupreme Court of Missouri · 1883
- Pease v. Pilot Knob Iron Co.Supreme Court of Missouri · 1871
- McNair v. PicotteSupreme Court of Missouri · 1862
- Bredwell v. Loan & Investment Co.Supreme Court of Missouri · 1882
3Cited by3 opinions
- Caffery v. Choctaw Coal & Mining Co.Missouri Court of Appeals · 1902
- Pitman v. 16 To 1 Mining Co.Missouri Court of Appeals · 1899
- Vance v. McHughMissouri Court of Appeals · 1915