Elliott v. Mowad

TATE, Judge.

This is a suit by the purchaser of property against his vendor seeking to be declared the owner of a house allegedly included in the sale from the defendant to the plaintiff. The plaintiff appeals from judgment dismissing his suit.

In this court the appellee has filed a motion to dismiss the appeal as tardily filed. Although the record was filed here timely in accordance with an order by the court of appeal extending the original return date, the appellee suggests that the court of appeal lacked jurisdiction to extend the return day since, on the day it granted the extension, the…