Rocha v. Rocha

Holding

The court held that an action to set aside deeds on grounds of fraud and for their cancellation is a suit in equity for which a jury trial is not available as a matter of right, and that a party who initiates probate proceedings solely to clear title to a homestead that had already vested in a surviving spouse by operation of law is not estopped from later asserting that the property was not part of the decedent’s probate estate.