Johnson v. Woodard

ELGIN T. FULLER, Special Judge.

This is an appeal from an order and judgment of the Circuit Court of the City of St. Louis dismissing the plaintiff’s amended petition for statutory partition. This court, to which plaintiff originally appealed, transferred the case to the Supreme Court of Missouri on the ground that the case involves title to real estate within the meaning of the Constitution, Art. V, Sec. 3, V.A.M.S. Johnson v. Woodard, Mo.App., 343 S.W.2d 646. However, the Supreme Court, deciding that title to real estate in the constitutional sense was not presented, retransferred the cause…