Hatfield v. Hatfield
Hatfield v. Hatfield
Opinion of the Court
The bill in this cause was attacked on two grounds: (1) insufficiency of allegation of certain claims for relief; and (2), multifariousness. On the first ground, the demurrer was sustained, and, on the second, overruled. The omissions were cured by amendment made at the bar of the court, with leave first had. Then the court certified its ruling as to the charge of multifariousness, for review here.
Two principal grounds of relief are set up in the bill: (1) partition of certain lands; and, (2) enforcement of liens on the interests of some of the cotenants of the plaintiff, created or provided for by the deed under which the common property is held.
By a deed dated June 12, 1919, John H. Hatfield and Sarah Ann Hatfield, his wife, conveyed to Albert J. Hatfield, John L. Hatfield, W. S. Hatfield, T. C. Hatfield, William Roy Hatfield and James W. Hatfield, in consideration of $10.00 and natural, love and affection, certain interests in their several tracts of land. The coal and other minerals, except oil and gas, in a 132.5-acre tract, went to W. S. Hatfield. In two other tracts, one containing 185 acres and the other 193 acres, all of the grantees got certain acreages described as undivided interests; W. S. Hatfield, 46.89 acres; A. J. Hatfield, 82.84 aeres; John L. Hatfield, 82.84 acres; T. 0. Hatfield, 82.84 acres; William Roy Hatfield, 41.42 acres, and James W. Hatfield, 41.42 acres. The minerals in these and other tracts were divided among the same parties in the proportions of one-fifth to each of the first four and one-tenth to each of the other two.
The grantors reserved their support for their natural lives, out of the income from the lands; and by the deed, appointed
The bill was filed by T. C. Hatfield, who, after the death of John H. Hatfield, was appointed his administrator, in his own right and as administrator, for partition of the lands and enforcement of alleged liens upon the interests of A. J., John L. and Smith W. Hatfield, under a provision of the deed, above mentioned, and, incidentally, for settlement of his accounts as agent and administrator of the John H. Hatfield estate. He claims expenditures of his own means in the support of the grantors, amounting to $3,138.63, and liabilities to him, on the part of A. J., John L. and Smith W. Hat: field, in the sum of $627.72 each, on account of such expenditures, which he prays may be adjudged to be liens on their respective interests in the property. He admits payment of the amounts due from William Roy and James W. Hatfield, on account of such expenditures, .and his own liability as agent, in the sum of $740.00, and, as administrator, in the sum of $595.00. No embarrassment in respect of his settlements as agent or administrator is alleged, unless it be unwillingness of the delinquent grantees, to allow credits on the amounts alleged to be due from them, of the amounts they are entitled to out of the rents and personal estate, and there is no allegation of their unwillingness to do that.
Manifestly, there is no necessary connection between the main purposes of the bill, partition of the lands and enforcement of liens against certain interests therein. . The partition would not in any way affect or disturb the liens. Helmick v. Kraft, 84 W. Va. 159; Childers v. Loudin, 51 W. Va. 559. It is equally apparent that the liens, if any, can be enforced against either the undivided interests in the land, before par
Whenever prompt objection is made to a bill setting up two equitable causes of action having no substantial connection, on the specific ground of multifariousness, it is the duty of the court to sustain the objection. Bennett, Trustee, v. Clay County Bank, 80 W. Va. 554; Cecil v. Karnes, 61 W.
An order will be entered, recording our conclusion that the demurrer to the bill should have been sustained, on the ground of multifariousness, and certified to the' court below.
Reversed in part; Demurrer sustained.
Reference
- Full Case Name
- Tolbert C. Hatfield v. Albert J. Hatfield
- Status
- Published