— Appellants filed their bill seeking the cancellation of a deed which their ancestor at law had made to defendant Alston, and for such other relief as might be appropriate, alleging two distinct and inconsistent grounds of relief, viz.: That grantor was non compos mentis at the time of the execution of the deed:
Leaving the bill intact in all other respects as a good bill in behalf of all the parties complainant, effect of the ruling on demurrer, the ruling from which this appeal is taken, was to take out of the bill the averment that grantor in the deed Avas non compos mentis, thus denying the light of the complainants to have relief on that ground because some of them, if they had proceeded separately and apart from the rest, might have enforced their right in a court of law. We apprehend that the rule which requires parties complainant to resort to the law court whenever a plain, adequate, and complete remedy may be there had ought not to have application to a case Avhere, as here, all parties aggrieved have the same primary right, \Arhich right is cognizable in equity as well as at law, and some of them have -imperative need of a peculiar equitable remedy for the enforcement of that right, though others, proceeding separately, might have a remedy in the law court. A controversy is presented which ought to be settled in one proceeding. It cannot be settled without the presence of the reversioners, and yet,’ they being brought into the controversy; the case cannot be determined at Iuav, but must be concluded- in equity. In short, the remedy at laAV is not adequate for a complete disposition of the rights of the parties. In the peculiar circumstances of this case we think the demurrer taking the point on
Reversed and remanded.