Opinion
No. 32224
Decided June 14, 1950.
Supreme Court — Dismissal, sua sponte — No debatable constitutional question involved — Judgments — Separate action to vacate judgment setting aside deed — Deed held a gift and not for consideration — Grantor had life estate and could not convey fee by gift — Demurrer to petition sustained on ground res judicata — Claim court without jurisdiction to set aside deed — Claimed incompetent testimony establishing gift, where consideration recited — Due process — Equal protection — Jury trial — Sections 5 and 16, Article I, Constitution — Article XIV, Amendments, U.S. Constitution.
APPEAL from the Court of Appeals for Franklin county.
Mr. Matthew L. Bigger, for appellant.
Messrs. Cowan Adams, for appellees.
It is ordered and adjudged, sua sponte, 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., MATTHIAS, HART, STEWART and TAFT, JJ., concur.
TURNER, J., not participating.