Powers v. Buckowitz

BARRETT, Commissioner.

While this action originated as a partition suit, the plaintiff, William L. Powers, claiming a one-fourth interest in the property, the trial court has construed a deed and found that the defendant, Georgia M. Buckowitz, is the fee-simple owner and that the plaintiff has no title or claim to the property. Therefore, even though the action was originally a partition suit (Mack v. Mack, Mo., 281 S.W.2d 872), title to real estate is involved and jurisdiction of the appeal is in this court. Const.Mo. Art. 5, Sec. 3, V.A.M.S.; Tillman v. Melton, 350 Mo. 155, 165 S.W.2d 684;…