Evans v. Hogue

I dissent from the decision made by the majority and some of the reasoning by which that decision was reached.

Before passing to the main thrust of my opinion, I should like to mention some aspects of this case that I do not believe have been adequately addressed.

On May 22,1980, plaintiffs filed a cause to quiet title, remove cloud and fix a boundary between their land and that of the defendants. Plaintiffs’ cause sounds in equity.1

Defendants have denied plaintiffs’ claim for relief and have counterclaimed in ejectment, which sounds in law. Defendants did not assert a right to trial by jury on…