Capelli v. Bennett

[109] Respondent, as executrix and legatee of Theresa Dold, deceased, brought suit before a justice of the peace to recover from defendants [appellants] rent and possession of certain described real estate in the City of St. Louis. On motion of appellants the justice of the peace certified the case to the circuit court on the ground that title to real estate is involved. Upon a trial the circuit court rendered a decree for the plaintiff and defendants appealed.

The undisputed facts alleged in the pleadings and shown by the evidence are, in substance, [110] as follows: The real estate in…