Nelson v. Boston

Mr. Associate Justice Fishburne

delivered the unanimous opinion of the Court:

The defendant is appealing from a general order of reference. The contention made is that the action as brought is for the recovery of specific real property, and hence the defendant is entitled to a jury trial. It was held by the lower Court that the cause was of purely equitable cognizance, and upon this ground all issues of law and fact were referred to the Master in Equity. We think there can be no^ doubt about ■the propriety of this action.

The pleadings clearly present a suit in equity. It is alleged in the…