Reay

In this action after a trial by jury the court below determined that the action was one in equity and, disregarding entirely the verdict of the jury, entered judgment for defendants, from which judgment the appeal is taken. At the outset, therefore, we are called upon to review the pleadings in some detail to the end that the nature of the controversy may be made clear and also the relief asked.

The subject matter of the action is certain personal property alleged to have belonged to Christiana G. Beay at the time of her death. It will be unnecessary to give any detailed description of this property other than to describe it as bonds and cash. The case went to trial on the first amended complaint. Subsequently plaintiff moved for permission to file a second amended complaint, which was denied. However, the plaintiff was permitted to amend in respect to the description of the property sought to be recovered; otherwise the first and second amended complaints were practically identical. In the complaint upon which the trial was had the plaintiff sets up his cause of action substantially as follows: After pleading the death of Christiana G. Beay and plaintiff’s capacity as the…