158 Mo. 365 | Mo. | 1900
This is a suit to recover of one of tbe defendants $500 alleged to be held by him in trust to be paid ' over to one of tbe plaintiffs when tbe court shall determine that tbe title she conveyed by deed to another one of tbe defendants is valid.
There was a judgment for tbe defendants and tbe plaintiffs appealed. Tbe appeal was brought to this court upon tbe idea that title to real estate was involved.
In several recent cases it has been- held that in order to
Thus, in the case at bar, if the facts stated in the plaintiff’s petition entitle them to a judgment, the trial of the issues as to those facts may involve an inquiry and conclusion as to the character of the title created by the will under which plaintiffs claim, but their judgment would simply be that they recover of the defendant $500 and costs.
The only point we decide is that on the record* before us there is no case within the jurisdiction of this court. The cause is transferred to the St. Louis Court of Appeals.