Simmons v. Leonard

Dickinson, Sp. J.

Plaintiffs in error filed a bill in the Chancery Court of Marshall County against defendants in error, which embraced matters of equitable jurisdiction, and also asked that an issue of devisavit vel non be tried in the Chancery Court -in respect of a writing which had been proven in common form as the will of Margaret Simmons. The Chancellor retained the bill as to certain matters, but, being of the opinion that he had no power to try this issue, directed the parties to take appropriate steps to secure such a trial in the Circuit Court.

This cause was brought to the Circuit…