Coleman v. Clark
Missouri Court of Appeals
Appeal from the Mississippi Circuit Court. — Hon. Henry C. Riley, Judge. Tbe circuit court bad no jurisdiction. This suit did not effect tbe title to real estate, nor was the title to real estate in any way in issue, and tbe amount involved did not exceed $50. R. S. 1889, sec. 6122 and 6124; Monks v. Strange, '25 Mo.
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Appeal from the Mississippi Circuit Court. — Hon. Henry C. Riley, Judge. Tbe circuit court bad no jurisdiction. This suit did not effect tbe title to real estate, nor was the title to real estate in any way in issue, and tbe amount involved did not exceed $50. R. S. 1889, sec. 6122 and 6124; Monks v. Strange, '25 Mo. App. 13. We are aware that tbe supreme court formerly held that a justice of tbe peace bad no jurisdiction of suits on covenants of warranty, but in a later case that court holds that in such suits the title to real estate is not involved. Luther v. Brown, 132 Mo. 72. There was…
1Opinion of the CourtBland, P. J.
On April 10, 1890, William J. Clark and wife executed and delivered to Arch D. Coleman, a conveyance granting to Coleman, by the words “grant, bargain and sell, convey and confirm,” the following described real estate situated in Mississippi county, Missouri, to wit, northeast quarter of northeast quarter of section thirty-three, township thirty-six, range sixteen. When Coleman attempted to take possession of the land he found one M. A. Drane in possession of a strip of about four acres of the land on one side of the tract, claiming the fee simple title thereto. Coleman instituted suit by…
2Cases cited5 opinions
- Hutchins v. RoundtreeSupreme Court of Missouri · 1883
- Matheny v. StewartSupreme Court of Missouri · 1891
- Bredwell v. Loan & Investment Co.Supreme Court of Missouri · 1882
- Johnson v. BlanksSupreme Court of Missouri · 1863
- Luther v. BrownSupreme Court of Missouri · 1895
3Cited by5 opinions
- A. C. Drinkwater Jr., Farms, Inc. v. Ellot H. Raffety Farms, Inc.Missouri Court of Appeals · 1973
- Lakelands, Inc. v. Chippewa & Flambeau Improvement Co.Wisconsin Supreme Court · 1940
- Quick v. WalkerMissouri Court of Appeals · 1907
- Roark v. PullamMissouri Court of Appeals · 1921
- Lakelands, Inc. v. Chippewa & Flambeau Improvement Co.Wisconsin Supreme Court · 1940