DuPont v. Southern National Bank, 22515

22515 | S.C. | Mar 31, 1986

Gregory, Justice:

Respondent commenced this action to set aside several deeds alleging mistake in conveyances to a trust.¹ Appellants moved for the case to be transferred to the jury roster. This appeal is from the denial of that motion. We affirm.

In an action to set aside a deed, a party’s right to a jury trial is determined by whether the dispute raises legal or equitable issues. Union Central Life Ins. Co. v. Crouch, 189 S. C. 57, 200 S.E. 356" court="S.C." date_filed="1938-12-14" href="https://app.midpage.ai/document/union-central-life-ins-co-v-crouch-3883938?utm_source=webapp" opinion_id="3883938">200 S. E. 356 (1938). Respondent’s complaint, although poorly drafted, raises a simple question — whether respondent was mistaken in his conveyances to the trust. This Court, through long-established precedent, has recognized that an action alleging mistake is in equity. See Turner v. Washington Realty Co., 128 S. C. 271, 122 S.E. 768" court="S.C." date_filed="1924-05-02" href="https://app.midpage.ai/document/turner-v-washington-realty-co-3879770?utm_source=webapp" opinion_id="3879770">122 S. E. 768 (1924).² Therefore, the trial judge properly denied appellants’ motion.

Affirmed.

Ness, C. J., and Harwell, Chandler and Finney, JJ., concur.

1 The complaint was drawn with three causes of action; however, all three essentially allege mistake in the conveyances.

2 Turner addressed the propriety of relief in an action based on mistake; however, it is clear that resolution of the issue in that case was dependent on a preliminary finding that the action was in equity.