Haynes v. Switzer Real Estate Corp.

I concur in the result reached herein for the following reasons:

The appellant contends that whether this is a suit in ejectment or a statutory action for the recovery of the possession of real property, he is entitled to a trial by jury on all the issues raised therein and the appellee contends that as to the issues formed by the third paragraph of answer and replies thereto that there was raised an equitable question as to whether or not there is a trust involved contending that such answer and replies thereto presented such a situation as only a court of equity could determine.

The sole…