Toms v. Holmes

Opínion oe the Court by

Judge Thomas

Reversing.

The appellee and plaintiff below, Ida Holmes, filed this action in the Barren circuit court against appellants and defendants below, Mack Toms and John King, styling her petition as “Petition in Equity”; but disclosing facts therein, showing her cause of action, to be an undisputed ordinary one triable by a jury. The parties practiced, and the court decided the controversy as if it were one properly brought in equity, and it will be so treated on this appeal.

Plaintiff alleged that she was the owner of “about eleven acres of land” which she bought…