Moore v. Kelly
Supreme Court of Oklahoma
Error from District Court, Jefferson County; Frank M. Bailey, Judge. Action by E. J. Kelly against M. J. Moore and others. Judgment for plaintiff, and defendants bring error. The parties hereto will be designated as in the trial court. The plaintiff, E. J. Kelly, joined by one Virgil Davis, entered into the following contract with defendant M. J. Moore: “Contract for Deed.
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Error from District Court, Jefferson County; Frank M. Bailey, Judge. Action by E. J. Kelly against M. J. Moore and others. Judgment for plaintiff, and defendants bring error. The parties hereto will be designated as in the trial court. The plaintiff, E. J. Kelly, joined by one Virgil Davis, entered into the following contract with defendant M. J. Moore: “Contract for Deed. “This indenture entered into between E. J. Kelly and Virgil Davis, parties of the first part, and M. J. Moore, party of the second part, witnesseth: That the parties of the first part have this day agreed to convey to party…
1Opinion of the Court
Opinion by
MATHEWS, C.
(after stating the facts as above). The first ruling of the court complained of is the refusal of a jury trial to defendants. The defendants based their right to a jury trial upon the fact that in his petition plaintiff asked judgment for the possession of the real property in controversy. Ordinarily actions for the -recovery of specific real property should be tried to a jury when demanded, but this action was in-the main one for rescission and cancellation of a contract, one solely of equitable cognizance, wherein the litigants are not entitled to a jury trial as a…
2Cases cited22 opinions
- Glock v. Howard & Wilson Colony Co.California Supreme Court · 1898
- Boone v. TemplemanCalifornia Supreme Court · 1910
- Brown v. Guarantee Trust & Safe Deposit Co.Supreme Court of the United States · 1888
- Hogan v. KyleWashington Supreme Court · 1894
- Van Dyke v. ColeSupreme Court of Vermont · 1908
17 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Gassin v. McJunkinSupreme Court of Oklahoma · 1935
- Simmons v. HarrisSupreme Court of Oklahoma · 1924
- Nelson v. GoldenSupreme Court of Oklahoma · 1921
- J. Crouch & Son v. HuberSupreme Court of Oklahoma · 1922
- Allen v. JonesSupreme Court of Oklahoma · 1941
13 more not listed; retrieve them via the Exa API.