McHolland v. Treadway

41 S.W.2d 376, 41 S.W.2d 375, 328 Mo. 721, 1931 Mo. LEXIS 418

• Court: Supreme Court of Missouri
• Decided: July 28, 1931
• Status: Published

Opinion

GANTT, P. J.

This case came to me on .reassignment. Action to recover $500 and a lien for said amount on certain land in Stone County. On change of venue the cause'was transferred, to Latvrénce County. Judgment for defendant, and plaintiff appealed. : . - .«

It is alleged that plaintiff agreed, to pay and. defendant agreed to accept $1500 for the land; that plaintiff paid to defendant $500- of said amount; that he tendered to defendant the balance of the Jrar-chase price; that defendant .refused to accept the same, and refused to deed the land to plaintiff. "Wherefore, plaintiff prayed for a judgment lien on said land for $500. The answer was a general denial with a plea that the contract was not in writing and void under the Statute of Frauds. The reply was a general denial..

We assume the appeal was granted to this court on the theory.'that title to real estate was involved. The question of plaintiff’s right to a lien on the land does not involve the title to real estate within the meaning of the Constitution. [Nettleton Bank v. Estate of McGauhey, 318 Mo. 948, 953, 2 S. W. (2d) 771; Utz et al. v. Dormann, 31 S. W. (2d) 991.]

This court is without jurisdiction and the cause should be transferred to the Springfield Court of Appeals. It is’so ordered. ,

All concur.