Show LAND sun SETTLED Supreme Court COUl t sion in Park Case CaseI 4 I REVERSAL OF JUDGMENT MENT 4 t THE LOWES COURT GUILTY OF OP ERRORS 4 W S McCornick Sues Bues to Recover Nearly From Prom Colonel C lonel Michael Honey Al Alleged Alleged Alleged to Be Due on a Note Secured Secure by Mining Stock 4 t The supreme court yesterday handed down a decision de In the case ase of ot John R B BPark Park vs Robert Morris Wilkinson and Mine Mina Wilkinson appellants reversing the tha ruling of the court below and di dl directing a new trial The opinion Is writ written written ten en by Judge Miner ODner Judges and Baskin concurring The he action was yas one to determine ad adverse adverse adverse verse claim and a quiet title to certain real property In Salt Lake county The case cage was tried before Judge Cherry who vho found for the plaintiff The ap claimed that owing to to the faulty description in plaintiffs deed lie he 10 should have filed a bill to correct it and that the court erred in discharging the he jury after testimony was closed and in trying the case cose cn as an equity one In summing up the case Judge Miner says sa s Actions to quiet title may be of a legal egal or equitable character depending on the pleadings In the present case defendant in her asks for or equitable relief The court heard the case cas before the jury until the facts were disclosed and then discharged the jury ury and found the if Issues ues for the plain tiff The action was wan in the nature of an ejectment The equitable Issue should hould first be passed upon by the court and whenever an Issue of fact as ae distinguished from an equitable Is Issue Issue sue suc is to be determined that question should be left to the tile jury under proper Instructions from the court The ques question question tion ion of or boundaries was one of law for forthe forthe forthe the court Where There the boundaries it were ere was for the jury to decide After de determining determining the equitable issue the court should have submitted the case to the jury upon proper instructions in and in falling failing to do so erred |