92 Va. 98 | Va. | 1895
delivered the opinion of the court.
We are met at the threshold in the consideration of this case by a demurrer to the bill for want of jurisdiction in equity.
It further avers that the véndors had brought an action of assumpsit against the complainant to recover the purchase price of the land, and that it could not make its defence in the suit at law and obtain the relief it was entitled to. It therefore prayed for an injunction to restrain the defendants from prosecuting their said suit; that the deed might be adjudged to be void; and that the complainant be declared not to be bound by the contract to buy the land, and be relieved from all liability under the deed.
It is thus seen that the grounds set forth for the interference of a court of equity are, when analyzed, that the defendants having failed to tender a proper deed under the con
All of these grounds constitute legal defences, and could be availed of in the suit at law. 4 Minor’s Inst. (4th ed.), Pt. I., p. 645. The bill sets forth no ground why the complainant could not have made its defence there. It is a settled principle that equity will not grant relief where there is a plain and adequate remedy at law. 1 Barton’s Chan. Prac. 13 ; Story’s Eq. J., sec. 33 ; Pomeroy’s Eq. J., sec. 217 ; Haden v. Garden, 7 Leigh 157; Morrison v. Speer, 10 Gratt. 228 ; Beckley v. Palmer, 11 Gratt. 625, 634; Great Falls Man. Co. v. Henry's Adm'r, 25 Gratt. 575, 582; and Coleman's Adm'x v. Anderson, 29 Gratt. 425.
“ It may be stated as a general rule, subject to few exceptions, that where the plaintiff can have as effectual and complete a remedy in a court of law as in a court of equity, and that remedy is direct, certain, and adequate, a demurrer, which is in truth a demurrer to the jurisdiction of the court, will hold.” Story’s Eq. Pl., sec. 473.
If, in the case at bar, the deed tendered by the vendors was not in accordance with the contract, and the complainant never accepted it, and its recordation was without its knowledge or consent, as alleged in the bill, the defence at law was complete, and there was no difficulty in making it.
LTo reason is shown for withdrawing the matter in controversy from the cognizance of the appropriate tribunal, and carrying it into a court of chancery. The demurrer to the bill should have been sustained, the injunction dissolved, and the bill dismissed.
Decree amended and affirmed.