6 W. Va. 185 | W. Va. | 1873
On the 21st day of August, 1858, William Cravens and wife, conveyed to John C. Spencer, a certain tract or parcel of land in trust, to secure the payment of two single bills executed by said William Cravens to the Plaintiff, amounting jointly to $1,737.69. These bills were given to the Plaintiff in payment for a steam engine, boiler, ánd other machinery, suitable for running a steam saw mill: and the bill alleges that said Cravens erected on this land a building suitable for such a mill, and placed in or near it the said engine, boiler, and other machinery, and alleges other matters designed to show that said engine, &c., became a part of the freehold of said land.
A deed of trust prior in time, and on this same land, had been executed by Cravens and wife, to secure the purchase money due by Cravens upon its original purchase. Under this deed of trust, this tract of land was
The Defendant Joseph Lyons appears, and files a demurrer and answer to the bill. The demurrer recites, 1st. That the said bill doth not contain proper parties, and 2d. That the Complainant had a complete and ample remedy at law for the recovery of the engine in his bill mentioned.
It is unnecessary to notice the allegations in the answer. Some proofs were taken, and the cause came on to be heard in December, 1871, when the Court below sustained the demurrer to the bill, and the same was dismissed. From this ruling of the Court an appeal is taken to this Court.
The principle involved in this case has been clearly and definitely settled, that where the law gives a complete remedy, equity will not interfere ; and in no case where the Plaintiff claims as an incumbrancer merely,
’With these views, the decree of the Circuit Court must be affirmed, with $30 damages and costs according to law to the Appellee.