150 Mo. 424 | Mo. | 1899
This case was certified to this court by the St. Louis Court of Appeals on the ground that the title
I.
In Price v. Blankenship, 144 Mo. 203, this court reviewed the question here involved and held that although the title to real estate may be incidentally, collaterally, or necessarily inquired into in a trial for the purpose of settling the issues involved, still if the judgment rendered by the trial court could be satisfied by the payment of money without affecting the title to the real estate, the case would not fall within our jurisdiction under section 12 of Article YI of the Constitution. It was further held that to give this court jurisdiction for this reason, “the judgment to be rendered must directly affect the title itself to the real estate.”
In determining the question of trespass here complained of, it may be conceded that an inquiry into the title may be necessary, but the title itself will not be affected by any judgment that could be rendered in this case. Therefore the case does not involve the title to real estate and does not come within the jurisdiction of this court. Hence the case will be retransferred to the St. Louis Court of Appeals.