Kleimann v. Geiselmann

— Upon a careful consideration of the facts involved in this case, we heretofore ordered its transfer to the supreme court, as a cause “involving title to real estate ” within the meaning of that phrase in the constitution, as defined by the last controlling decision of that court in Gardner v. Terry, 99 Mo. 523. The supreme court remanded the cause to us, and as such order is necessarily equivalent to an adjudication that no title to real estate is involved therein, we proceed to determine the cause as it is our duty .to do.

The object of the petition is to obtain a decree, declaring that a…