Leach v. Crestwood Memorial Cemetery, Inc.

EMBRY, Justice.

This appeal by Cliff and Mary Leach, defendants below, is from an order denying their motion for new trial in a statutory ejectment action that resulted in the judgment ordering them to peaceably surrender possession of the real property, the title to which was determined by the trial court to be in Crestwood Memorial Cemetery, plaintiff below.

The issues for review as stated by the Leaches are:

“A. Are defendants entitled to a jury trial where plaintiff’s complaint alleges ownership by a deed which defendants’ counterclaim alleges was obtained by misrepresentation and fraud?

“B.…