192 Mo. 46 | Mo. | 1905
This is an appeal from the judgment of the circuit court of Jasper county, overruling a motion of the defendants to quash an execution levied by the sheriff of said county, on certain real
I. Has this court jurisdiction of this appeal under the Constitution of Missouri. It is obvious that the amount involved does not give us jurisdiction. It can only be surmised that the appeal was certified to this court on the ground that the title to real estate was involved. At the time this appeal was certified to this court, there were two decisions of this court, McAnaw v. Matthis, 129 Mo. 142, and Stinson v. Call, 163 Mo. 323, which justified such action, but in the recent decision of Lawson v. Hammond, 191 Mo. 522, handed down by Division No. One of this court, both of said decisions in McAnaw v. Matthis, and Stinson v. Call, supra, were reviewed and overruled.
The McAnaw-Matthis decision was promulgated in 1895 by Division No. 1. The appeal was from a judgment of the circuit court quashing an execution, levied on real estate of defendant, claimed as a homestead. The St. Louis Court of Appeals certified the cause to this court on the ground that title to real estate was involved, and Division No. 1 of this court announced that “in this opinion we coincide,” and
It is ordered that this appeal be transferred to the Kansas City Court of Appeals.