Hughes v. Hannah

Citations

• 39 Fla. 365

Syllabus

<p>1. The right of trial by jury in proceedings according to the course of the common law, as shown and practiced at the time of the organization of our State government, and continued or guarteed by the third section of the Bill of Eights of the Constitution of 1885, has reference to legal rights and contentions, and not to equitable demands, enforced in a court of chancery, whether pertaining to the original or concurrent jurisdiction of that court.</p> <p>2. The Legislature can modify or expand the powers of the court of chancery as to its entire field of recognized jurisdiction; provided such modification or expansion does not impair rights guaranteed by the Constitution.</p> <p>■3. The Legislature may create new rights unknown to the common law, and make provision for their determination in the absence of a jury, without violating the constitutional guarantee of trial by jury, but the mere change in the form of an action will not authorize the submission of common law rights to a court in which no provision is made to secure a jury trial.</p> <p>4. Actions for the recovery of real property, including damages for its detention, have always been at law; and courts of chancery have refused to entertain suits for such purpose on the ground of a want of jurisdiction. This has been the rule where there was no equitable element in the case, and the court; of chancery had no right, by virtue of its general or concurrent jurisdiction, to assume control of the case in any aspect.</p> <p>-5. The act of 1889, chapter 3884, entitled “An act to extend the powers of the courts of chancery in this State,” should be enforced so far as it can be done, consistent with the limitations of the Constitution.</p> <p>-8. A bill was filed by four complainants against twenty-seven defendants, the complainants claiming to own certain described lands by inheritance from heirs of a common ancestor; two of the complainants claimed to Inherit an undivided half interest in the land from one of