Ex Parte Burke

FOSTER, Justice.

The question in this case is whether petitioners show that in defense of an action of ejectment an equitable question exists, the decision of which should dispose of the cause, and which cannot be disposed of on' the law side of the court, so as to require a transfer of the suit to equity on their motion under section 153, title 13, Code.

There are two defenses set up in the motion. Plaintiffs and defendants appear to claim under Frances E. Burke. Plaintiffs by deed an'd defendants under an alleged verbal agreement by which they furnished her $1970, and she was to be credited…