20 F. 339 | U.S. Cir. Ct. | 1884
If the facts alleged in this bill could be held to fix the legal title of the land in the plaintiff, then the bill could not be maintained, for he would have a complete and adequate remedy at law by an action of ejectment; but it seems to me the facts alleged show the equitable title only to be in the plaintiff and the legal title and possession in the defendants. It charges notice to all the de
The prayer in this bill is for discovery and relief, and* the relief prayed is as follows:
“And that your orator may be decreed to be the owner in fee-simple of said lands and tenements; that said defendants have no right or title therein; that your orator’s title thereto be quieted, etc. And that the defendants * * * be forever barred from setting up any claim of right, title, or interest in said premises, and that your orator may have, generally, such other and further relief as the nature of his case may require.”
Equity rule 21 provides:
“ The prayer of the bill shall ask the special relief to which the plaintiff supposes himself entitled, and also shall contain a prayer for general relief. ”
The special relief prayed in this bill is to quiet title or remove a cloud, but there is also a prayer for general relief. Upon the state ■of facts set forth by the bill, I am of the opinion the plaintiff cannot have the special relief he prays, but rather would be entitled to a decree declaring him to be entitled to the legal estate, and that the defendants hold the same in trust for his use and benefit, and for a conveyance of the same to him, etc. But a misapprehension by the plaintiff as to the special relief he is entitled to is no ground for a demurrer where there is a general prayer for relief, for in such a case, if the bill sets forth facts showing a right to relief, the court may .grant the proper relief under the general prayer. Tayloe v. Ins. Co. 9 How. 406; Stevens v. Gladding, 17 How. 454.
The objection that plaintiff has been guilty of laches, were it not for special reasons set out in the bill, would be a serious one, especially if he is charged with the laches of those under whom he holds. This plaintiff obtained his title in 1876, and he and his grantors have exercised unmolested ownership over this land and paid taxes on it for many years, and were not advised that any adverse right or title was claimed by any one under the conveyance of Snow to Eaut, made in 1858, and against which there had been an attempt at least to make ■an adjudication in the proceedings set out in the bill. And not until
In reference to the claimed defect of parties defendants, it is sufficient to say that Henry and Snow are not necessary parties, and it is not á ground of demurrer on the part of these defendants.
The demurrer must be overruled.