Fischer v. Johnson

(dissenting). — Is this a case “involving title to real estate,” within the meaning of the qrganic law defining the jurisdiction of the Supreme Court? It is an ordinary action in the nature of replevin to recover specific personal property. The property is grain. The title to it depends, in one view of the case, on the validity of a deed of trust in the nature of a mortgage, conveying the land on which the grain grew. In another view of the case the property in the grain depends on the force and effect to be given to an agreement between plaintiff Fischer and defendant M. C. Johnson, under…