9 Haw. 555 | Haw. | 1894
Opinion of the Court, by
On the 8th December, 1893, one Pilipo, a few days before his death, made a voluntary conveyance to the defendant Iaea for the nominal consideration of one dollar and his affection to said Iaea, reciting him as his foster son. The land conveyed is situate in Waiau, Ewa, Oahu, having been granted by Royal Patent No. 168 to one Liliu in 1851. The
It is not competent for a court of equity on a bill to» cancel a deed for fraud to try the title of the maker of the deed to the property involved, for this is a question of lawr. Moreover the defendant denied that the propetty came to Kaapahili, the common ancestor by descent from the patentee
The claim of plaintiff that she was entitled to an undivided half of this land was a claim of a legal nature and equity has no jurisdiction to determine it.
Cases are cited by plaintiff to sustain the view that a court of equity having once obtained jurisdiction of a matter will continue it and grant, under the prayer for general relief, such relief as the plaintiff is entitled to without his having .claimed in the bill that particular relief. As a general proposition this is true, but it does not apply here. In our case equity had jurisdiction solely because fraud was alleged. This failed on the evidence. There was nothing left which the plaintiff asks for but her claim of a legal title in the land. Equity has no jurisdiction of such a question. This will be perfectly clear if we make the supposition ■ that the bill originally solely asked that plaintiff, on proving her title by descent, might have, a decree that the trustee Brown convey one-half of the land to her. Such a bill would be demurrable on the ground that plaintiff had a plain and adequate remedy at law. And she is in no better position now. The case of Whipple vs. Farrar, 3 Mich. 447, is especially relied on by plaintiff. lu that case the court, having determined that the equitable title of the premises was in the complainant, decreed possession to him instead of leaving him to his further remedy by ejectment.
In the case before us plaintiff had not proved an equitable title to the land. In the same court that decided Whipple vs. Farrar, it was held that a bill to quiet title by a complainant not in possession against one in possession, cannot be maintained, where no reason appears for not bringing ejectment. Barron vs. Robbins, 22 Mich., 35.
This we find is the law. See Johnson vs. Hiding, 127 Ill., 14. We put the case as follows : Plaintiff asked that the deed be cancelled, alleging fraud. This ground failed. She being out of possession now- prays that the grantee of the deed convey her one-half of the premises because she has a legal title to it, and asks the equity court to pass upon this
In 3 Pomeroy Eq. Jur., Sec. 1399, note 4, the rule is thus stated : “When the estate or interest to be protected is equitable, the jurisdiction (of equity) should be exercised, whether the plaintiff is in or out of possession, for under these circumstances legal remedies are not possible; but, when the estate or interest is legal in its nature, the exercise of the jurisdiction depends upon the adequacy of legal remedies. Thus, for example, a plaintiff out of possession, holding the legal title, will be left to his remedy by ejectment under ordinary circumstances.” This is approved in Graves vs. Ewart, 11 S. W. Rep. 971 (Mo.) and we hold it to be good law. The plaintiff was hot entitled to the amendment and her bill was properly dismissed.