13 N.Y.S. 142 | N.Y. Sup. Ct. | 1891
This is an appeal by the defendants Teel and Hunn from a judgment against them in a proceeding to compel the determination of claims to real property. Elisha Brown, now dead, .on the 18th of December, 1875, entered into an agreement, under hand and seal, with his son, the plaintiff. By this the plaintiff agreed to support and to take care of Elisha during his life, and in consideration thereof Elisha agreed to give plaintiff the property in question. It was provided that, if Elisha should become dissatisfied with his support by the plaintiff, he might cancel the agreement, paying plaintiff, a certain price for what he had done. Elisha was to have the use and the possession of the property during his life. It was also provided that, should the agreement be carried into effect during the natural life of Elisha, “then this agreement shall be considered a good and sufficient title to the above-described house and lot to the said plaintiff.” This
•; On the trial, in order to show that defendants made claim to this property, the plaintiff gave in evidence a letter from him to Mrs. Teel, writ- - ten in December, 1888, saying that his father left him a little property, and, as he was about to sell it, he wanted the heirs to sign off. It did - not appear what the reply was, and no such, letter was shown to have been -received by defendant Hunn. On this appeal neither of the defendants urge - that, in equity, they have any interest, in the premises, nor do they rest upon their legal title. But they say that, never having made any claim •.to the premises, they have been wrongfully made parties to this proceeding, and that they have been unjustly required to pay costs. Therefore they rely on all the objections which may be shown to exist against plaintiff’s action. This proceeding, like an action of interpleader, is brought ■ by one who has no claim or demand against the defendants. Its object is to compel them to bring to trial claims which they are alleged to have against the plaintiff. Hence it is an-important element in the plaintiff’s right to ■ maintain the action that the defendants shall unjustly claim an estate in land .of the plaintiff. Code, § 1639, requires the complaint to “set forth fact's showing” the plaintiff’s right to the land, etc., and showing “that the defendant unjustly claims an estate therein of the character specified in the last section.” The defendants insist that this complaint sets forth no facts, but merely asserts that the defendants unjustly claim-a fee in the premises. We think that the defendants are right. The case of Austin v. Goodrich, 49 N. Y. 266, is directly in point. There a demurrer to a similar complaint was sustained because, among other grounds, no facts were stated showing that defendants unjustly claimed title. And it hardly needs argument to show -that when a statute requires the complaint tosíate facts showing that defendants unjustly claim a certain estate, it is not a compliance with the statute simply to allege that the defendants unjustly claim an estate, without alleging any facts showing this. As, however, the parties in this case went to trial, we ought to examine whether the defect in the complaint was supplied by proof. If it were, we might probably disregard the defect, or allow the complaint to be amended to conform to the proof. But on examining the .case we.find no proof whatever that the defendants ever made, before the commencement of the action, any claim to the premises in question. The only evidence tending in that direction is that the plaintiff wrote the letter above mentioned to Mrs. Teel, asking the heirs to sign off. The letter does not distinctly state that plaintiff has the title, for he says that he wants the