99 Tenn. 352 | Tenn. | 1897
In the year 1838, A. W. Taylor and C. M. Gourley, as equal tenants in com
Wilcox alleged in the bill that he had acquired the interests of all the children, but he proved title
No matter how unjust the claim, and how imperfect the title of Blackwell may be asserted and
Having established his title to only three shares, Wilcox can have relief as to only three shares. His relief must be limited by his title.
Joint relief as to the whole of the Gourley moiety cannot be granted to Wilcox and the four Gourley heirs, to whose shares he has failed to show title in himself, because those heirs are not before the Court and the suit was not brought for their benefit. Relief to those persons, or in their behalf, would be foreign to the pleadings, and absolutely antagonistic to the frame and purpose of the bill. Wilcox alleged, unconditionally, that he was the sole owner of the Gourley moiety, and sought relief for himself exclusively. Relief to others, or for their benefit, can never be allowed in such a case.
Decrees in equity are based upon .the pleadings and the proof together — not upon the one or the other alone — and for the greater reason are they not allowed upon the one contrary to and in conflict with the other.
Affirmed.