82 Va. 401 | Va. | 1886
delivered the opinion of the court.
The appellant filed his bill against the appellees to recover the amount of $621, due him for wood, staves, &c., sold by him to Baker, growing on the said appellant’s land. This was by written agreement. Baker made a contract with Triplett to cut this timber on shares. ' The timber, wood, staves, &c., having been cut, and the same sold, and the proceeds divided between Baker & Triplett; Baker failing to pay Neff for the wood, staves, &c., Neff filed his bill to have recovery of the same, and to charge the wood with a lien reserved in his contract with Baker, and to have the transactions between Baker
It is said by eminent authority that an accurate classification of the subjects of equitable jurisdiction is a matter of acknowledged difficulty. Lord Bedesdale once said: “ It is not a very easy task to describe the jurisdiction of our courts of equity; those who have attempted it have generally failed.” The familiar grounds of equitable jurisdiction may be stated, however, as follows: Accidents, mistakes, relief against penalties, &c., accounts, fraud, discovery, trusts, specific performance, injunctions, avoiding illegal contracts, contributions, substitution, want of remedy at law, jurisdiction conferred by statute.
It is claimed that an account is sought by the bill between the alleged partners, Baker & Triplett. This is a well-recognized ground for equitable jurisdiction, for the law court regards partners as one person, and will not interfere between them. But if these parties can be regarded as partners, they are not alleged to be insolvent; no debt has been established against them, and no debt is asserted against them as such; the claim is against one only.
It does not appear that a judgment at law would be unavailing. In that court the remedy is plain and adequate, and that court is the propfer forum to assert the claim by action at law. By the terms of the Neff and Baker agreement, the wood was to be sold before Neff was to be paid, which would have been impossible if the sale had been made under restraint of the alleged lien for Neff’s benefit. The wood has been sold, and has passed into the hands of purchasers without notice.
The demurrer, for this reason, was properly sustained, and the bill dismissed, and the decree complained of must be affirmed.
Decree affirmed.