Missouri Court of Appeals, 1876

Birks v. Russell

Missouri Court of Appeals · Decided February 28, 1876 · Gantt

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

Cases that cite this one

1 later published case cites this decision.

Gray v. Ward (D.C. Cir. 1916)

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Opinion of the Court

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.

*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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.