In case the complainant fails to establish the fraud, the court shall proceed to render judgment on the complainant’s claim, ascertaining the amount, when disputed, by reference to the clerk and master, where deemed advisable, or by an issue to be tried by a jury; but the complainant shall pay all costs, except such as are incident to taking the judgment.
Code 1858, § 4292 (deriv. Acts 1851-1852, ch. 365, § 10); Shan., § 6101; mod. Code 1932, § 10362; T.C.A. (orig. ed.), § 23-1005.