Fordson Coal Co. v. Wilson

HICKENLOOPER, Circuit Judge.

This cause was originally begun in the District Court as an action of trespass to try title to real estate. The defendants were in possession. The action was thus át law, trial before a jury was begun, the evidence was submitted, and thq jury disagreed. Thereupon the parties stipulated “that this cause be now transferred to equity.” It was submitted to the judge upon the record already made up, without repleading of any sort, and an opinion was subsequently delivered finding for the defendants. In the absence of request "by counsel, no separate findings of fact…