Opinion
No. 41691.
January 8, 1951.
APPEAL FROM THE CIRCUIT COURT OF GREENE COUNTY, HIRAM McLAUGHLIN, J., LYNDE J.
Paul E. Carver, Neosho, for appellant Lynde J. Reid.
Graves Graves, Phillip H. Graves, and Jerry P. Graves, all of Neosho, for respondent.
Respondent McBee sued the Twin City Fire Ins. Co. The company interpleaded appellant Reid. Reid appeals from an adverse judgment.
The appeal is improperly here. The petition claimed $5,000 for loss of a dwelling, and $2,000 for loss of personal property, under a fire insurance policy issued to McBee, and $700 for vexatious delay. The company pleaded payment of the $2,000, conceded liability for the $5,000, and alleged that Reid had or claimed an interest in the $5,000. (The $5,000 was paid into court.) McBee's reply admitted receipt of the $2,000. Reid's answer disclaimed interest in the $2,000. Reid's cross-petition asserted fraud by McBee in executing a deed of trust securing a $2,300 note, and prayed reformation of the deed and declaration of a $2,300 lien upon the $5,000 deposit.
The trial court found no vexatious delay and insufficient proof of McBee's fraud. He dismissed Reid's cross-petition and gave McBee a $5,000 judgment.
McBee did not appeal from the vexatious delay ruling and this $700 is not involved. In their pleadings, all parties agreed that the $2,000 was not involved. Reid's pleaded claim against McBee was for $2,300 of the $5,000 deposit. Only $2,300 is involved. This amount is insufficient to vest appellate jurisdiction in this court. Const. Art. V, Sec. 3, Mo.R.S.A.
Title to real estate is not involved. See Miller v. Heisler, Mo.Sup., 180 S.W.2d 54.
The cause is transferred to the Springfield Court of Appeals.
VAN OSDOL and ASCHEMEYER, CC., concur.
The foregoing opinion by LOZIER, C., is adopted as the opinion of the court.
All concur.