Opinion
No. 5036.
May 14, 1935.
Appeal from Third Judicial District Court, Parish of Lincoln; E. L. Walker, Judge.
Action by the First National Bank of Ruston against R.L. Jones and others. Judgment for plaintiff, and defendants appeal. On defendants' motion to transfer appeal from the Court of Appeal to the Supreme Court.
Motion granted.
Scarborough Barham, of Ruston, for appellants.
Elder Elder, of Ruston, for appellee.
Plaintiff brings this action upon a promissory note for $1,854, with interest and attorney's fees, coupled with a demand for the cancellation and annulment as a simulation of an alleged pretended sale to his daughters of property valued at $5,000.
From a judgment for plaintiff as prayed for, defendants appealed to this court.
Here defendants' motion to transfer the appeal to the Supreme Court, because the amount involved exceeds our jurisdiction, is joined and acquiesced in by plaintiff. Because of this acquiescence and because in cases of simulation the value of the property involved and not the amount of plaintiff's claim determines jurisdiction, the motion is granted. Katz v. Gill, 43 La. Ann. 1041, 10 So. 364.
It is accordingly ordered and decreed that this appeal be transferred to the Supreme Court to be lodged there within thirty days from date hereof. All costs of appeal to this court to be paid by appellant.