Powers v. Fisher

This case had its origin in a bill of complaint filed by plaintiffs against defendants for an accounting, foreclosure and sale of certain property, and for deficiency. The trial court held plaintiffs had a complete and adequate remedy at law and ordered the case transferred to the law side of the court for further proceedings, with the understanding plaintiffs could make such alteration of the pleadings as they deemed proper therein. Plaintiffs appeal.

Alton R. Fisher and Belle Fisher, his wife, October 28, 1929, agreed to sell to Roy E. Fisher and Edith M. Fisher, husband and wife, and to the…