Duty v. Honaker Lumber Co.
Duty v. Honaker Lumber Co.
Opinion of the Court
delivered the opinion of the court.
We do not think it necessary to recite the involved and complicated pleadings and procedure in this case. Counsel for the appellants, in their very accurate summary of all of these details, allege that there are seventeen separate issues. By eliminating all' of the claimants of the land in controversy who disturb his theory of the case, he simplifies and reduces these issues to five. Inasmuch as we think the case can land should be disposed of in accordance with certain general principles, we do not think it necessary to discuss these various issues and counterclaims, or the voluminous evidence introduced to support them, with, any great particularity. The complainants are the executors of the last will and testament of- John D. Duty, deceased, his widow ¡and children, and the grandchildren of John H. Duty representing their deceased parents, they allege title to a tract of about 200 acres of land, one-half of which lies in Dickenson county and. half in Buchanan county, the
The object of the suit, as stated in the petition, was “for the purpose of extracting the title to any interest or claim • to any part of this 200 acres’ tract of land lying partly in Dickenson county and partly in Buchanan county, that may now be in the four children and widow of Joel F. Duty, deceased, who did not sign the deed of November 1, 1910, and in the heirs at law of Humberson Gilbert, deceased, by reason of this land being owned at one time by Joel F. Duty, deceased.” They, therefore, make such of the other heirs at law of John H. Duty as are not parties complainants to the suit parties defendant, as well as the heirs at law of Joel F. Duty, deceased, the heirs at law of Humberson Gilbert, deceased, and the Honaker Lumber Company, as the owner of the timber with certain rights and privileges. The object of the suit, therefore, was to divest the heirs at law
The court dismissed the bill, cross-bill, demurrer, exceptions, motions to strike out and objections to the various pleadings, and adjudged, ordered and decreed that the cause be dismissed, each party to pay his own costs.
The heirs of Joel F. Duty and Humberson Gilbert, who were made parties to the original bill, filed separate answers and cross-bills, and each claimed for themselves the title t,o that part of the land known as the “tall timber” tract in Dickenson county. Those of Joel F. Duty’s heirs who claim title allege that he sold this Dickenson county tract to Humberson Gilbert, and that Gilbert afterwards abandoned the sale and sold his interest back to Joel F. Duty. The heirs at law of Humberson Gilbert, however, claim that they are the true owners of this Dickenson county tract, because of an alleged deed from Thomas W. Davis, agent of the Warders, to Humberson Gilbert, and, in addi
Because the testimony upon which these various claimants, undertaking to sustain their title to the land in controversy may doubtless at some time be submitted to a jury for consideration, we refrain from expressing any opinion as to its probative value.
As to the parties who were impleaded as defendants to the original suit, as it appears that they claim title under the same invalid deed under which the complainants claim, they were also properly denied any affirmative relief in this suit.
Like the learned circuit judge, therefore, we find ourselves unable to determine these controversies under these pleadings and the evidence which was submitted. The true title can only be determined in an action or actions of ejectment, or possibly by suit in equity under Code 1919, section 6248. These remedies remain open to each of the claimants.
Affirmed.
Reference
- Full Case Name
- J. Harmon Dutys. v. Honaker Lumber Companys.
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- 1. Cloud on Title—Evidence of Complainant’s Title Insufficient— Dismissal of Bill.—The object of the instant suit was to divest certain persons of any legal title that there might be in them to a certain tract of land and vest the same in complainants, who claim to be the equitable owners of the land. There was no sufficient evidence to support the title of complainants asserted in the bill under an alleged deed. The paper filed as the original deed was not the original and was thoroughly discredited. There was no substantial evidence to support the effort to set up a title by adverse possession under the alleged conveyance. Held: That there was no error in dismissing the bill. 2. Equity—Jurisdiction—Title and Boundaries—Ejectment.—Except where the relief which is authorized by Code of 1919, section 6248, is sought, and in the absence of some peculiar equity, courts of equity are without jurisdiction to settle disputes regarding the title and boundaries of land. An action of ejectment generally affords a complete and adequate remedy for the assertion of a title or interest in land. 3. Cloud on Title—Jurisdiction—Adverse Claims of Title.—A court of equity is without jurisdiction in a suit to remove a cloud upon title to determine the question of title as between several independent, distinct and hostile claims. Such an independent and hostile claim, involving the whole property and denying in toto and ab initio the title of the complainants, cannot be set up and adjudicated in a suit in equity. To permit this would authorize an adverse claimant to implead other claimants of the title in such a way as to substitute an equity suit for an action of ejectment. 4. Equity—Sufficiency of Proof to Obtain Relief.—Where any conclusion which the court might reach would necessarily be conjectural and founded upon random guess, rather than based upon any sufficient proof, a court of equity invariably denies relief, because a just determination and settlement of the controversy is impossible. Essential allegations which the parties to such a controversy cannot prove with reasonable certainty, cannot without evidence be assumed by the court.