Hall v. . Artis

Civil actioN, beard by Grady, J., at February Term, 1923, of GrREENE. Tbe plaintiffs instituted a proceeding before tbe clerk for tbe ultimate purpose of selling for partition tbe land described in tbe complaint, and as preliminary thereto of setting up a parol trust in tbe land. When tbe complaint and answer were filed — tbe defendants having pleaded sole seizin — tbe clerk transferred tbe cause to tbe civil-issue docket for trial. In tbe Superior Court tbe defendants moved for judgment of nonsuit on tbe ground that tbe alleged cause of action is cognizable only in a court of equity, and…