Woodward v. Bivins

Hall. Justice.

To this action of ejectment the defendant filed a plea to the jurisdiction of the court, “ for that the suit was instituted, and is pending for the recovery of property which *590had been set apart under the homestead and exemption laws of this state, and was thereafter sold, to defendant, and that a court of equity alone has jurisdiction of said case, under the laws of this state, whereas the same was returned to, and now pending on the common law side of the court,” wherefore, etc.

To this plea the plaintiff demurred, and the demurrer oeing overruled, and exception having been…