47 W. Va. 418 | W. Va. | 1900
Hefner, Tully, Rudkin, and Carney each brought an action before a justice of Braxton County .for the recovery of debts against Sam and George Holmes, called “Holmes Bros.,” and sued out attachments against the estate of the defendants as nonresidents, and levied the same on some tools and material used for boring oil wells, and judgments having been rendered for the plaintiffs in the four actions, and orders of sale having been issued to sell the property,
The position of the defendants is that equity has no jurisdiction, becuse of adequate remedy at law, and that the property belongs to Holmes Bros. That property was personal property. If Zanhizer Bros. & Sten were its owners, they had adequate remedy at law. They could sue to reclaim it by detinue against the officer or purchaser, or sue the attachment creditors or theofficer in trespass and recover its value. By Code 1891, chapter 50, sections 151, 152, 210, they could present their claim to the justice, and have their right tried, with appeal to the circuit court, and, if they sustained their claim, they would get the very property itself. By giving bond, they could use the property pending the contest, and without bond they could have the right of property tried. It would be no more burdensome to give that bond than an injunction bond. This remedy is ver}'- speedy, plain, andefficacious. As Judge GreeN said in Baker v. Rinehard, 11 W. Va. 238, this statutory remedy would forbid an appeal to equity. As held in that case, many decisions in Virginia binding on us hold, as did that case, that equity cannot enjoin the sale under execution of personal projperty claimed by a third party, when the property is not, from its nature, of peculiar value to its owner, and its sale will not greatly injure the owner by the consequential damage it would produce. That case expresses doubt whether the fact that consequential damage would alone give equity jurisdiction, thus making it rest on pecularity in the character of the property. This doctrine is repeated in White v. Stender, 24 W. Va. 615. It is a firm rule, under many decisions, in the Virginias. It is hard to allow equity jurisdiction, under their decisions, in such cases. It must be very plainly shown, under the particular circumstances, that the property is of very peculiar character, and that the consequential damage would entail irreparable injury. I incline to admit that, if a party
Jurisdiction cannot be rested on the theory of prevention of multiplicity of suits. The fact that four creditors sue their debtor on separate debts cannot give jurisdiction. There is no' complication in such case, though there may be some inconvenience; but it is not anything more than inconvenience of several trials, not inadequacy of the legal remedy. “Injunction for prevention of multiplicity of suits is allowed only when the subject-matter of the various litigations as well as the parties, are substantially the same. And the fact that different suits have been brought, each having- a distinct object, founded on distinct and separate grounds, brought by different persons, does not-constitute such a multiplicity of suits to bring the case witnin the rule and warrant an injunction.” Haines v. Carpenter, 91 U. S. 254, 23 L. Ed. 345; High, Inj. § 65. In that case Justice Bradley said that three suits were not enough to give chancery jurisdiction. In this case all are interested only in the question of title, not.at all otherwise; and Pom. Eq. Jur. § 268, says that, to give jurisdiction to prevent multiplicity-of suits, there must be a common right, and “it is not enough that, the claims of each individual being separate and distinct, there is a community of interest merely in the question of law' or fact involved, or in the kind or form of remedy demanded.” In this case these creditors are all interested in the mere question of the right of property, but they have no common right, no connection with each other, and the judgment in one of their suits has no legal effect upon another. They are interested only in a question, not in result, as having the force of adjudication.
But what if there were jurisdiction in equity? The claim of the plaintiffs fails on the merits. They do not
1 have not considered as entering into the case the many declarations of Holmes Bros, to people that they owned the tools, because, generally, declarations of a grantor, made subsequently to his conveyance, derogating from the rights of his grantee, are not admissible. Casto v. Fry, 33 W. Va. 449, (10 S. E. 799); Crothers’ Adm'r v. Crothers, 40 W. Va. 169, (20 S. E. 927). Some question might be made whether that exclusion is applicable in this case, under the rule that declarations of a party in possession, explanatory thereof, are competent. High's Heirs v. Pancake, 42 W. Va. 602, (26 S. E. 536). But I do not consider such declarations of Holmes Bros, competent for all the purposes of the case, yet I do consider them competent for the purpose of showing that the Zanhizers being in that neighborhood, so that they likely would hear of such declarations, yet allowed them to go undisputed, and themselves made declarations confirmatory thereof. In other words, the declarations of Holmes Bros, are'competent only as a circumstance, with others, to establish an estoppel from conduct against Zanhizer Bros. & Sten in favor of the creditors. Decree reversed, and bill dismissed.
Reversed.-