Whetstone v. Dreher

The opinion of the Court was delivered by

Mr. Justice Stabeer.

An action for the cancellation of a deed executed by one R. R. Hendrix in favor of the defendants, and for judg ment against the defendants in the sum of $500 for rents and profits, and for the sum of $1,000 for trespass. The decree of Judge Johnson, which will be reported, states fully the facts, history and nature of the controversy.

When the case was called for trial counsel for the plaintiffs moved for an order of reference, on the grounds that the case was one of purely equitable cognizance, in that it was alleged that the deed…