Cooper v. Tindall

Ness, Justice:

This appeal involves questions concerning the interest of the plaintiff-respondent, Grady Cooper, in a 19.9 acre tract of land and the respective rights of the appellants, Bernice Tindall and Walter Stone, each of whom claim through Cooper’s chain of title.

Due to the complexity of the litigation, the need for an accounting, and the predominance of equitable principles, the lower court, by consent of the parties, tried the case as an equitable matter without a jury. It held Cooper was the tijtleholder of 16.9 acres, subject to First Citizens Bank & Trust Company’s interest as a…