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ALLEN BROS. MILLING CO. v. ADAMS ET AL.

17465

233 S.C. 416 (1958)

105 S.E.2d 257

ALLEN BROTHERS MILLING COMPANY, Plaintiff-Respondent, v. John Q. ADAMS and Mildred C. Adams, Defendants-Appellants.

Supreme Court of South Carolina.

October 16, 1958.

Attorney(s) appearing for the Case

Norbert A. Theodore, Esq., of Columbia, for Appellants.

Messrs. Calvo & Lee, of Columbia, for Respondent.

October 16, 1958.

OXNER, Justice.

This is an appeal by defendants from a compulsory order of reference. They contend that the action is one at law affecting title and the right of possession to real estate and that on the issues made by the pleadings, they are entitled to a jury trial as a matter of right. Plaintiff claims that the suit is one in equity which the Court in its discretion was fully empowered to refer...

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