Martin v. Bundy

The exceptions and assignments of error of appealing-defendants are as follows: “(1) For that the pleadings raised issues of fact that were material to the rights of the defendants, and under the law had to be passed upon by a jury, and in taking the case from the jury and signing the judgment, as he did, the court deprived the defendants of their rights under the law and the Constitution. (2) That the answers of the defendant appellants all alleged that the land in question was a part of the W. G. 'Whichard, deceased, land, and that it was divided by mutual agreement by and between his heirs…