Berry v. McCourt

The sole question before the court at this time arises on a motion of defendants-appellees Edward A. Berry, Paul F. Berry and Girard A. Berry to dismiss the appeal in this case on questions of law and fact on the ground that this court has no jurisdiction to hear appeals on questions of law and fact and try cases de novo.

In the court below, the petition prays among other things that the court construe a certain deed of trust and determine the rights of the parties in connection therewith. Thus it would appear on the face of the record that this case is within the express provisions of Section…