Kirkley v. Green

SIMPSON, Justice.

This is an appeal from a final decree of the Circuit Court in Equity of Marion County ordering land belonging to the parties to be sold for division of proceeds among the joint owners.

The decree of the trial court was in favor of complainant and respondents bring this appeal.

Four of the respondents who answered the bill demanded a jury trial and two did not. The trial court denied a jury trial to all respondents and proceeded to trial before the court, without a jury.

In view of our conclusion that error prevailed in the refusal of the trial court to grant a jury trial on the…