Gage v. Busse
Gage v. Busse
Concurring Opinion
I concur in the suggestions of Mr. Justice Dickey.
Opinion of the Court
The disposition of the motion involves a construction of the recent Practice act of 1879. We are all of opinion that where a freehold is involved in litigation, the appeal, whether the action is at law, or in chancery, may be taken directly into this court; but a majority of the court are of opinion that in this case no freehold is involved, and for that reason the appeal is dismissed.
Appeal dismissed.
I think in this case there is a freehold involved. Before the answer was filed the time of redemp-, tion from these tax certificates had passed. The defendant came in, and in the answer asserted his right to have a deed, or right to the title of the property, and the decree denied that right. It is the defendant who brings the appeal, and it therefore seems to me the freehold was involved.
Reference
- Full Case Name
- Henky H. Gage v. Christian C. Busse
- Cited By
- 17 cases
- Status
- Published
- Syllabus
- 1. Appeals direct to ike Supreme Court—-from, the trial court. Under the L J Practice act, as amended by the act of 1879, in all cases where a freehold is involved in the litigation, whether the suit be at law or in chancery, an appeal will lie directly from the trial court to this court. 2. Same—and herein, whether a freehold is involved. Upon bill in chancery to remove a cloud upon the title to land, the alleged cloud consisting of certificates of sales of land for taxes, there is no freehold involved so as to give this court jurisdiction of an appeal direct from the trial court.