Petros v. Bosen

WELCH, V. C. J.

This is an action filed by plaintiff in the district court for the cancellation of a lease, to quiet title, and for possession of certain real estate. Defendant urges the trial court erred in overruling his motion to dismiss, contending that this was in its nature an action in unlawful detention, and that the justice of the peace court has exclusive original jurisdiction.

The question presented to this court is whether the district court has original jurisdiction of the subject matter. It appears from the record that there is an adverse interest in the real estate to such extent…