Opinion
No. 30464
Decided November 14, 1945.
Supreme Court — Dismissal — No debatable constitutional question involved — Ejectment action by vendor against vendees under land contract — Defenses — Contract description inaccurately embraced land of third person — No default by vendees — Judgment for plaintiff — Finding land of another included but defendants estopped by knowledge — Appeal on law to Court of Appeals — Reversal and final judgment for defendants — Findings — Land of another not included and plaintiff short of title — No default by defendants — And plaintiff precluded from asserting forfeiture — Other questions of title not moot, when — No retrial of facts, when — Section 6, Article IV, Constitution — Denial of written request for jury — Consent in open court to waiver of jury not journalized — No denial of jury trial, when — Section 5, Article I, Constitution.
APPEAL from the Court of Appeals of Allen county.
Messrs. Light Siferd, for appellee The Union Savings Loan Company.
Mr. H.E. Garling and Mr. Francis X. Ebner, Jr., for appellants.
Messrs. Wheeler, Bentley, Neville Cory, for appellee The Baltimore and Ohio Railroad Company.
It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.
Appeal dismissed.
WEYGANDT, C.J., ZIMMERMAN, BELL, WILLIAMS, TURNER and HART, JJ., concur.
MATTHIAS, J., not participating.