11 Md. 158 | Md. | 1857
delivered the opinion of this court.
The original bill was filed by the appellants against the Browns and Lancasters, to enforce the performance of a contract for the sale of certain property in Baltimore, for which they allege the purchase money had been paid, and claiming a conveyance of the title from the defendants, as heirs of the vendors. The infant defendants answered in the usual form, by their guardian, and the others, by their answer, submit to such decree as may be passed; but in their answer they say: “They, however, deem it their duty to state that they have been informed that, said Charles Crook, Jr., and wife, heretofore, by mortgage or otherwise, conveyed said property to the late Judge Glenn, and that the heirs or representatives of the said J udge Glenn claim some interest or estate therein, of the extent or nature of which your defendants are not informed.” The complainants then filed an amended bill, in which, after reciting the original bill, they “show and charge, by way of amendment, that the defendants, in their answer, have suggested that by some sort of deed or instrument of writing, the said property was conveyed to the late Judge Glenn, by the complainants, and that the heirs and representatives of the said
The case was argued on the part of the appellants, as if the Glenns could, under the answer of the Browns, and through them, as defendants to the original bill, have defeated the complainants’ right to the relief they sought against the defendants, representing the vendors of the property. But this could not have occurred. The Browns submitted to a decree, and, as the infant defendants were not concluded by the guardian’s answer, proof as against them was all that the complainants required. The Browns made no defence upon any claim or pretensions of Glenn to the property; and if they had so dedesigned, we cannot regard that part of their answer as sufficient for the purpose. It appears to have been intended as something for the information of the court, which these de- "
Besides, if this matter had been properly relied on as a defence, we do not perceive how it can avail as a ground for noncompliance with the original agreement. We do not say that a vendee may not so deal with the property as to deprive himself of all interest in the enforcement of the contract of purchase, but there is nothing to show that the complainants have done so in the present case. It might happen that a deed from persons in the attitude of the Lancasters and Browns would be necessary to enable the complainants to perform an agreement with a party in the supposed condition of Judge Glenn. If the latter purchased the property from the complainants, those claiming under him might proceed in equity against the complainants, as well as their vendors, to obtain the legal title; but it does not follow that when a purchaser files a bill against his vendor, the assignee or vendee of the complainants must necessarily be made a party, merely because he has an interest in the property. The purchaser and his vendee or assignee might join in a bill against the original vendor, for the purpose of obtaining a title directly to the second vendee, but there should be no conflict between the complainants themselves. Ellicott vs. Ellicott, 2 Md. Ch. Dec., 468. Their interests should be consistent. Adams’ Equity, 312. Hence the complainants and the Glenns.could not unite in a bill against the Browns and Lancasters, except upon the concession that the title of. Crook had passed to Judge Glenn, and that his heirs or devisees were entitled to a conveyance.
Though it is the constant aim of courts of equity to do complete jüstice, by settling the rights of all persons interested in
It appears to us, however, that the appellants, if supported by either of these definitions, cannot maintain their standing in court consistently with other recognized rules of pleading. The property being the same, all these parties may be said to be proper and necessary, as having an interest in the subject matter of controversy; but the equity against the Glenns and the other defendants is not the same, nor of the same character. The complainants seek, in the first place, to acquire a title from their vendors, or those representing them, and that
There is a rule, however, applicable here, about which there can be no dispute, and that is, that a person ought not to be made a defendant against whom no decree can be passed. Eq. Pl., sec. 231. Hoye vs. Johnston, 2 Gill, 291. The object of the amendment is to bring the Glenns into court, that they may be made to show their title, if any, to the premises, that that claim may be defeated, and the possession delivered to the complainants. We know of no head of equity jurisprudence under which this can be maintained. It would be, substantially, to give to a chancery suit the effect of an action of ejectment. This is the relief prayed for, and there is no case made by the bill which authorizes any other under the general prayer. There are some circumstances under which courts of equity will amove a party in possession and put in another, but these cases are of peculiar character. The assertion of the power in the present case, has not been supported by a single authority.
The principles applicable to bills of discovery cannot aid the appellanls. It does not appear to be a proceeding of that
Nor can the amendment be sustained upon the doctrine of bills quia timet. The complainants have not the legal title, and are not in possession, which we take to be essential facts in such cases. 1 Madd. Chy., 225. 2 Story’s Eq., 694, et seq. Orton vs. Smith, 18 How. Rep., 265. And, if the amended bill did not present these defects, such an equity could not be blended with the case made and the relief sought against the original defendants.
Order affirmed, and cause remanded.