38 Wis. 320 | Wis. | 1875
It is manifest that the complaint in this case is bad within the rule laid down in Wals v. Grosvenor, 31 Wis., 682. It was there held that a complaint under section 29, ch. 141, R. S., should state facts showing the nature and invalidity of the defendant’s claim — in other words, must present a prima facie case for relief, — otherwise a court of equity would not interfere. In that case it was said that the complaint “should disclose the nature of the defendant’s claim which has a tendency to throw a cloud over the title, and state such facts and circumstances in respect to such claim as show its invalidity.” p. 684. It is suggested on the brief of counsel for the plaintiff, that this was obiter ; but if the case is examined, it will be seen that it was the very point in judgment, upon which the demurrer was sustained. The rule laid down in Wals v. Grosvenor is elementary. “Every fact essential to the plaintiff’s title to maintain the bill, and obtain the relief, must be stated in the bill, otherwise the defect will be fatal.” Story’s Eq. PL, § 257. It is said that it is imposing an unnecessary burden upon the plaintiff to compel him to state the nature of the defendant’s claim and its imperfections. There is certainly no force in that objection when the facts showing the invalidity of the defendant’s claim are matters of record and necessarily within the reach of the plaintiff. If the defendant founds his claim upon some title not of record, nor
It is true, there is a general allegation that the pretended claim or lien of the defendant Loa Kennan upon or to the lands “is without foundation in law,” and that she “has no legal claim or lien or title ” to the premises. But this is stating a mere legal conclusion, and not stating facts.
It is alleged that the defendant Loa Kennan has for the period of three years committed acts of trespass upon the lands by virtue of her liens. Why has not the plaintiff resorted to his action at law to determine the question of title and the legality of the defendant’s acts ? He might have brought his action of trespass, and established his right at law. Section 29 was not intended to furnish a remedy to try conflicting titles to land. A court of law is a more appropriate tribunal, and, indeed, the proper forum for the determination of such questions. If the defendant is a mere wrongdoer, invading the plaintiff’s rights and possession, he has a complete remedy at law. That remedy is ample and sufficient for the protec
It follows that the demurrer should have been sustained.
B1' 'he Court.- — ■ The order of the circuit court is reversed, .e cause remanded for further proceedings according to