103 So. 874 | Ala. | 1925
The bill in question is somewhat lacking in clearness of averment, but if, considering defects of form amended, it contains equity, it should be heard, however denominated. If, on the other hand, it contains no equity, it was properly taken from the files; the method being in that case immaterial. From the opinion filed by the judge below, it appears that the motion to strike was entertained and granted, for the reason that the litigation shown by the bill in the main cause, and the proceedings thereunder had been closed by final decree adjudicating all the rights of the parties, and that there was no cause or occasion shown for the further invocation of the powers of the court with reference to the same subject-matter — that neither a supplemental bill nor an original bill in the nature of a supplemental bill would lie. This, we think was error. The bill in question averred facts material to the matter in controversy in the main cause and occurring since the final decree. Clearly, such facts could not be introduced as furnishing a basis of relief by way of amendment to the original bill. P. M. Mutual Ins. Co. v. Selma Savings Bank,
As we have stated, the submission was for final decree on pleadings and evidence. The pleadings in the original cause were due to be considered, and the note of submission properly included the evidence taken in advance of the decree in the original cause and so is now before this court. Assuming that complainant's purpose, having in view the situation presented by his last bill, is to enforce and, if necessary, revise the decree in the original cause to the end that equity may be accomplished, and that the court is indifferent to the label on the bill if grounds of further equitable action be shown, we will consider now what relief the facts would have authorized on a bill properly framed, *670 or even on the bill as it was; no objection having been taken to the frame of it.
In a general way we have stated the purpose of the original bill. Complainant, supposing that G. A. Matthews owned the entire fee, had bargained for the entire title to the land. The memorandum of the contract, which is set out in the opinion in Matthews v. Bartee,
But as to Luke Matthews and others brought into the cause for the first time by the bill in question, it is to be inferred very clearly from the evidence that they derived title from G. A. Matthews' cotenant, his deceased brother, against whom complainant had no right or claim. Against his heirs and those claiming exclusively under him or them, the court could render no decree in favor of complainant. Nor was the integrity of C. M. Reeder's title, to whom Luke Matthews and others had conveyed, affected in any way by the fact that he paid nothing for his conveyance. If it be assumed — and on the evidence it could hardly be more than a shrewd surmise — that he took his conveyances for the use and benefit of his father, the defendant M. J. Reeder, still the latter's right to acquire an outstanding independent title cannot be questioned. M. J. Reeder was made a party defendant, not because complainant had contractual rights as against him, but in order to prevent the embarrassment of complainant's cause by G. A. Matthews' conveyance to him pendente lite. The bill in question is in form an original bill in the nature of a supplemental bill, but, on the facts, it is devoid of equity as against C. M. Reeder or Luke Matthews and the others in like case with him. It follows that, looking to results only, C. M. Reeder and Luke Matthews and others were properly allowed to depart with their costs.
As to C. M. Reeder and Luke Matthews and others in like case with him, the decree striking the bill in question is affirmed. As against G. A. Matthews and M. J. Reeder, the decree striking the bill is reversed, and the cause remanded for a decree in accordance with this opinion.
Affirmed in part; reversed and remanded in part.
ANDERSON, C. J., and GARDNER and MILLER, JJ., concur.