Wolf v. Hayes

The opinion of the Court was delivered by

Mr. Justice Stabler.

The plaintiffs brought this action for partition of certain real estate located in Spartanburg County. Over the objec tion of Mrs. Elizabeth Wolf, one of the defendants, Judge Sease granted a general order of reference, and she appeals to this Court. The exceptions present only one question: Do the pleadings make such issue of title in the appellant as would entitle her as of right to trial by jury on such issue?

In Gibbes v. Elliott, 5 Rich. Eq., 327, Chancellor Wardlaw, in discussing the jurisdiction and power of a Court of equity,…