Rogler v. Bocook

The opinion of the court was delivered by

Wedell, J.:

This was an action in which the plaintiffs sought, under their first cause of action, to obtain a decree of title to land on the theory a constructive trust had been created in their favor by virtue of an oral contract, and wherein they also sought, under the second cause of action, to obtain damages on the ground defendant had slandered their title. The specifications of error are:

"1. The trial court erred in refusing appellants’ request for a jury trial.

“2. In holding that the case only involved an equitable issue, and was not a jury case.

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