Lucas v. Scott

SIMPSON, Justice.

This suit is in equity by appellee against appellants, under Code 1940, Title 47 § 2 et seq., to establish a disputed boundary line between coterminous lands.

The first assignment of error challenges the ruling of the chancellor in denying the defendants’ (appellants’) demand for a jury.

In equity, a party is not entitled, as of right, to a jury to decide the issues of fact unless it is so provided by statute or constitution. In the absence of such a provision the power and duty to determine finally all questions of fact and law devolve upon the court. Curb v. Grantham, 212…