Falgout v. Johnson

HIGGINS, Justice.

Appellee filed a motion to dismiss the appeal on the ground that this Court is without jurisdiction ratione materia, alleging that the amount involved is less than $2,000, and the proceeding purely incidental to the execution of a judgment obtained in another case, and prays that we grant a rule to show cause why the appeal should not be dismissed.

The petition and answer herein show that both the plaintiff and the de*825fendants are claiming the ownership of the tract of land in question and that it is admitted to be worth in excess of $2,-000. The mere fact that one of the…