Choate v. Sewell

This is an action of ejectment. The chancellor dismissed the hill as it affected lands which were inclosed and occupied by defendants for more than seven years. Both sides have appealed.

The case Avas a jury ease, and there were two jury trials; but at the third and last trial the parties agreed to waive the actual presence of a jury, and submit the case to the chancellor. He found the facts upon which defendants relied in defendants’ favor, and dismissed the bill as above stated.

The first question to be determined is whether the case is triable de novo in this court. The complainant insists…