55 W. Va. 652 | W. Va. | 1904
On the 8th day of August, 1902, Justus Eakin, D. H. Cox, 'Thomas Mills and B. E. L. Snodgrass presented their bill to the judge of the circuit court of Calhoun county praying for the ■cancellation of a lease made by Tasril Taylor to the Lowther Oil Co., as a cloud upon their title to one hundred acres of land on Yellow Creek in the county of Calhoun, and to enjoin the Low-ther Oil Co., and the Eureka Pipe Line Co., from paying over to or delivering to said Taidor any portion of the oil produced from said tract and that said Taylor be required to account .to •plaintiffs; that the transfer of money or funds from said Taylor
The defendant filed his demurrer to the bill and his answer, in which he denied all the material allegations thereof, and alleged that plaintiffs had full notice of his claim and possession before ■they received any deed for the land claimed by them, and filed with his answer a contract in writing, signed by G-. D. Camden for himself and J. Walden, dated December 10, 1870, agreeing to sell to him, for the sum of $250, of which the sum of $100 had 'been paid and the residue to be paid at times mentioned, October 1,1871, and October 1, 1872; under which agreement defendant had taken possession of said land, and had been in said possession ever since, and under which purchase he was still claiming, and which agreement was entered of record in the clerk’s office •of the county court of Calhoun county, and which defendant evers in his answer was seen on the record and discussed by plaintiffs, whereby they had full notice of defendant’s claim; he also filed a letter or power of attorney made by John Walden •to Gideon D. Camden, dated November 6, 1865, which was duly acknowledged and entered of record April 25, 1872, in the same •clerk’s office, which power of attorney authorized said Camden
The plaintiffs have a clear and adequate remedy at law, and fail to show any equity against the defendant Tasrel Taylor. This proceeding on the part of plaintiffs is an action of ejectment under the garb of a suit in equity alleging fraud on the part of defendant, as well as irreparable damages by the removing of the oil from the premises, in order to get equity jurisdiction. All the rights of plaintiffs are dependent upon their legal title which has never been established by law; they do not show that an action had been commenced or contemplated for tire recovery of the possession of the land which is conceded to be in the possession of defendant at least under claim of title. This case comes clearly under the rulings of this Court in the case of Freer v. Davis, 52 W. Va. 1, where it is held (Syl. point 1) : “A court of equity has no. jurisdiction to settle the title and boundary of lands between adverse claimants, when the plaintiff has no equity against the party claiming adversely to him.”
The decree of the circuit court of Calhoun county should be modified so as to reserve the right of plaintiffs to bring their action at law if they be so advised,'and with such modification the decree is affirmed.
Modified.