Gingles v. Rogers

Grieein Smith, Chief Justice.

Alternative questions are presented: First, did Circuit Court err in refusing- to transfer to equity the suit Jimmie C. Rogers filed for the purpose of having H. J. Gingles and S. N. J ones ejected from property the plaintiff claimed? Second, (if it should be held the motion was properly overruled) did Gingles meet the burden of establishing his affirmative defense that he had been in possession, holding adversely, for seven years ?

Rogers deraigned title from the heirs of J. F. Kennedy, they having, by warranty deed, conveyed to Lura Howard December 31, 1923.…