Murto v. King

Upon the application of the appellees, made under the statute (Ses. Laws 1899, 172), the court of appeals transferred this cause to the supreme court upon the ground that final jurisdiction was vested in this tribunal. The particular ground upon which the application was based is that a freehold is involved. The appellant now moves to remand the cause to the court of appeals because a freehold is not involved and no other element is present that confers jurdiction.

The record shows that appellant, as plaintiff in the district court, brought the action for the purpose of having canceled an…