Hyde v. Baker
Hyde v. Baker
Opinion of the Court
Opinion by
Did the court below have jurisdiction in equity to entertain this bill ? The answer to this question will dispose of this appeal. We do not dispute the general principle relied upon by the appellee that where fraud is alleged equity has concurrent jurisdiction with law. In our state, however, the settled rule has never been departed from that’ equity jurisdiction will not attach where there is a full, complete and adequate remedy at law. Our reports are full of cases in which this principle is involved, but in no instance has it been decided that equity had jurisdiction where all the above specified requirements of a remedy at law exist. In a very large and increasing number of cases equity jurisdiction has been sustained where under the peculiar facts thereof it was held that the remedy at law was inadequate or ineffectual. In some of the cases it was not full, in others not complete, in others.not adequate, and in still others it was neither complete nor adequate. Under such circumstances equity has concurrent jurisdiction. In the case at bar the remedy at law is full, complete and adequate, and our courts have frequently so held.
The appellee is a creditor. The principal appellant is a debtor. The bill asks that certain deeds of conveyance executed by the debtor to third parties be declared fraudulent, void and of no effect, and that a reconveyance of the properties therein described be directed to be made to the debtor. It also asks for an order restraining the debtor from executing any conveyance of said properties to third parties, or in any manner encumbering the same until the claims of the creditor have been satisfied. It is therefore a creditor’s bill. In such cases this court has frequently pointed out the proper legal remedy to pursue. It has always been the practice in this state for a judgment creditor to seize and sell in satisfaction
What we have said is fatal to this proceeding and makes it ' unnecessary to discuss the other questions raised by the assignments of error.
Decree reversed and bill dismissed, costs to be paid by the appellee.
Reference
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- Syllabus
- Equity jurisdiction—Remedy at law—Fraud. Equity jurisdiction will not attach, where there is a full, complete and adequate remedy at law; and this is the case even where fraud is alleged. A creditor’s bill cannot be maintained to declare fraudulent deeds of property executed by a debtor to a third person, for a reconveyance of the same to the debtor, and for an injunction to restrain the debtor from executing conveyance of the property to third parties, or in any manner incumbering the same until the claims of the creditor were established. In such a case the creditor has a full, complete and adequate remedy at law by a sheriff’s sale on an execution, a purchase of the title followed by an action of ejectment.