Allen Bros. Milling Co. v. ADAMS

Oxner, Justice.

This is an appeal by defendants from a compulsory order of reference. They contend that the action is one at law affecting title and the right of possession to real estate and that on the issues made by the pleadings, they are entitled to a jury trial as a matter of right. Plaintiff claims that the suit is one in equity which the Court in its discretion was fully empowered to refer to the Master.

The action was brought to enjoin defendants from damming back the water entering their property from the plaintiff’s land through a pipe under a public road, and to require defendants…