Wilbridge v. Case

This was a petition under the statute for partition. Such a proceeding is at law and not in chancery. There was no plea filed, but the parties appeared and submitted the cause to the Court for trial upon an agreed state of facts. The Court rendered final judgment for the defendant.

There is an unbroken series of decisions by this Court from Swan v. Rary, November term, 1829, to Fuller et al. v. Garrigus, November term, 1849, that a trial without an issue is erroneous, and subjects the judgment below to reversal *37here. These cases have all been, however, so far as the opinions in them show,…