Trittipo v. Morgan

Elliott, J. —

The appellant and the appellee both claim title to the same parcel of land and both claim through the .same grantor, John Humble, and both assert title and seek to have it quieted, the former by his complaint and the latter by his counter-claim.

The appellant demanded that the cause should be tried by the court; this request was denied and the cause submitted to a jury for trial. This ruling is here vigorously assailed. The contention of the appellant is, that the issue joined in an action to quiet title prior to June 18th, 1852, was one of exclusive equitable jurisdiction, and…