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FORDSON COAL CO. v. WILSON

No. 5274.

39 F.2d 55 (1930)

FORDSON COAL CO. v. WILSON et al.

Circuit Court of Appeals, Sixth Circuit.

March 20, 1930.

Attorney(s) appearing for the Case

Cleon K. Calvert, of Pineville, Ky. (J. G. Bruce, of Pineville, Ky., and Clifford B. Longley and Wallace R. Middleton, both of Detroit, Mich., on the brief), for appellant.

Martin T. Kelly and William Low, both of Pineville, Ky. (Low & Bryant, of Pineville, Ky., on the brief), for appellees.

Before MOORMAN and HICKENLOOPER, Circuit Judges, and KILLITS, District Judge.

HICKENLOOPER, Circuit Judge.

This cause was originally begun in the District Court as an action of trespass to try title to real estate. The defendants were in possession. The action was thus at law, trial before a jury was begun, the evidence was submitted, and the jury disagreed. Thereupon the parties stipulated "that this cause be now transferred to equity." It was submitted to the judge upon the record already made up, without repleading of any sort, and an opinion...

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