Owenby v. Stancil

Beid, Chief Justice.

(After stating the foregoing facts.)

It has been necessary to state the petition with some full ness, to make plain the point in the case and the nature of our decision. The defendants won in the court below on the theory that the action was such an equitable action as that it could be brought only in Cherokee County, under the provisions of the constitution, art. 6, sec. 16, par. 3 (Code, § 2-4303), that “Equity cases shall be tried in the county where a defendant resides against whom substantial relief is prayed.” The contention of the plaintiff is that it is a case…