70 W. Va. 655 | W. Va. | 1912
Lead Opinion
The legal title to a tract of land equitably belonging to F.' G. Bragg was held by David Bragg. The latter, regardless of the equitable interest of F. G. Bragg, conveyed the tract to I-Iatiield, who conveyed the same to Phillips, trustee. By subsequent conveyances the legal title was passed to the United Thacker Coal Company. F. G. Bragg thereafter transferred his equitable interest in the land to the plaintiffs in this suit. By the bill and amended bill exhibited against the United Thacker Coal Company and others, plaintiffs seek to obtain the legal title to the land. They charge that Hatfield and the subsequent grantees of the land took the legal title with full knowledge that F. G. Bragg was the real owner of the property. They specifically charge that the United Thacker Coal Company holds the legal title to the property, which in equity belongs to them. In the original bill, plaintiffs pray that the conveyances to Hatfield and the subsequent alienees be set aside, annulled, and removed, and that the United Thacker Coal Company be enjoined and restrained from interfering with the plaintiffs in the peaceable enjoyment of the land. In the amended bill plaintiffs pray that the United Thacker Coal Company be made to convey the legal title of the land to them. That company had mortgaged the property, by a conveyance to the United States Mortgage and Trust Company, trustee, to secure the payment of a large issue of bonds. But the trustee in the mortgage, and the beneficiaries
The answers of the United Thacker Coal Company denied all the material allegations of the bills and asserted that it was the legal owner of the land by virtue of the conveyances which led from David Bragg to it. Before the cause had been finally heard, the trustee in the mortgage filed its petition, asserting that it held the legal title to the land, exhibiting the mortgage, and praying that it and the bondholders be made parties defendant. Plaintiffs were thereupon ordered to amend their bill of complaint by making the trustee and bondholders parties, and the cause was remanded to rules for that purpose, with the direction that if the names of the holders of the bonds were unknown to plaintiffs they might proceed against them as unknown parties. At a later term, the bill not having been amended as ordered, the cause was reinstated on the docket and a motion was made by the United Thacker Coal Company to dismiss it for the failure to amend. Plaintiffs moved to submit the cause without the amendment that had been ordered, and declined to make any amendment whatsoever. But the court refused to hear the cause without compliance with the order for amendment, and, wholly on the ground of the refusal to amend, dismissed the cause. Prom the decree of dismissal, plaintiffs have appealed.
If the trastee in the mortgage and the bondholders are necessary parties to the suit, the dismissal is right. A court can not hear a cause in the absence of necessary parties. If a plaintiff will not bring in necessary parties by proper amendment and process, within reasonable time after being ordered by the court to do SO', it is proper to dismiss his suit. What other course can be pursued when a plaintiff unreasonably refuses to do that which equity and proper procedure require? Must the court, notwithstanding disobedience to its proper order, hear the cause in an imperfect shape? Must it do injustice by improper procedure simply because the plaintiff will not pursue the course which the rales and practice of equity require?
Surely, the holder of the legal title to land should be made a
The subject of this suit is the legal title to land. The decree sought by the pleadings on- behalf of plaintiffs is one pertaining solely to this subject. It is proposed to affect that legal title by a decree. Therefore, all parties interested in the legal title sought to be affected are entitled to be made parties to the cause. “It is a general rule in equity that all persons interested in the subject matter of the bill, and which is involved in and to be affected by the proceedings and result of the suit, should be made parties, however numerous they may be.” 1 Barton’s 'Ch. Pr., sec. 35. Clearly, the trustee and the bondholders are interested in the legal title that is to be affected by the proceedings and result of this suit. It is not enough to say that a decree against the coal company for the legal title -can not affect the legal title held by the trustee when that party is not before the court. For, it is the same legal title; there can be but one lega] title to land. It is the business of equity to deal completely and justly with that title, if at all. Eqrjity will not untruthfully deal with that title as belonging to one party when it knows the title belongs to another. Equity will not thus leave the way open for another suit to involve the same subject, when it can fully settle in the pending suit the claims of that other party. “It is the constant aim of a court of equity to do complete justice by deciding upon and settling the rights of all persons interested in the subject of the suit, to make the performance of the order of the court perfectly safe to those who are compelled to obey it, and to prevent future litigation. For this purpose all persons materially interested in the subject ought to be parties to the suit, plaintiffs or defendants, however numerous thejr may be, so that a complete decree may be made between those parties.” 4 Minor’s Inst. (3rd. ed.) 1396'. The decree sought by the plaintiffs, one ordering the coal company to make over a title does not hold, would be anything but a complete de
The trustee and bondholders have a plain interest in the subject matter of this suit; surely, that proposition can not be gainsaid. Their rights would be materially affected by such a decree as plaintiffs insistently call for in their pleadings. Deeds underlying the legal title held by the trustee would 'be annulled and removed, and the legal title would be decreed to be in plaintiffs, though the trustee rightly holds it. All this would be done to the beclouding of the rights of the trustee, in its absence, notwithstanding it clamors for admission to the cause so that it may sustain the title it holds and secure the regularity and completeness which equity SO' willingly accords. The trustee has the right to' be heard. The order directing the amendment so as to secure a proper determination of the suit was rightly made, and should have been promptly complied with by plaintiffs. “When, in any way, it appears in a suit in equity that any person, not a party, has a subsisting interest in the subject-matter of the suit and whose rights will be affected by a final decree therein, such party should be brought in by amended bill and proper process before final decree.” Rexroad v. Raines, 63 W. Va. 511.
An order affirming the decree of dismissal will be entered.
Affirmed.
Dissenting Opinion
(dissenting) :
I cannot agree to the dismissal of the suit for omission to make the trustee and bondholders parties. If the proposal of the suit were to sell the property, it would be different, as the legal title must be in the hands of the court, or in any c'ase where that should be requisite. There is no reason for it in this case. Wo relief was asked against the trustee or bondholders. Wo harm to their interest was asked. The bill said that the coal company held legal title; the answer admits it; but though that was true, the plaintiff had right to have such title as was in the company conveyed to it, the equitable title, the equity of re