Birks v. Russell

Missouri Court of Appeals

Birks v. Russell

1 Mo. App. 335, 1876 Mo. App. LEXIS 78

CourtMissouri Court of Appeals

DecidedFebruary 28, 1876

StatusPublished

Cited by1 cases

This text of 1 Mo. App. 335 (Birks v. Russell) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Birks v. Russell, 1 Mo. App. 335, 1876 Mo. App. LEXIS 78 (Mo. Ct. App. 1876).

Pincite

Opinion

Gantt, P. J.,

delivered the opinion of the court.

Birks sued Bussell before a justice of the peace, declaring that Bussell had conveyed to him a tract of land in St. Louis county with covenants of warranty. He assigned a breach of this covenant, and asked for damages amounting ■to $92.89 and interest.

[336]*336The case was dismissed by the justice, as being beyond his jurisdiction. The Circuit Court, on motion of defendant when the case was before it on appeal, made the same-disposition of it. Plaintiff sued out a writ of error to this-court.

We make the same ruling. The statute expressly declares that justices of the peace shall not have cognizance “ of any action where the title to any land or tenements, shall come in question.” 2 Wag. Stat. 810.

This action is brought for an alleged breach of a covenant for title to land. The judgment of the Circuit Court-is affirmed,

all the judges concurring.

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