113 Ky. 839 | Ky. Ct. App. | 1902
Opinion of ti-ie court by
Affirming.
This was an action in equity to'cancel a deed executed by America Reese to appellees, upon the ground that the same was procured by fraud; that the grantor in the deed was induced to believe, and did believe, that she was making a will, when in fact the writing that she signed was a deed. After the proof had all been taken by deposition, appellant asked that the issues of fact be submitted to and tried by a jury. The court, overruled that motion, and the < ase was submitted and tried by the court, who adjudged that, the petition be dismissed, and hence this appeal.
Counsel presents for our consideration the action of the court in refusing a jury trial, and insists that this action was prejudicial error, requiring a reversal. The cause of
Judgment affirmed.