Johnston v. Price

Citations

• 172 Pa. 427
• 33 A. 688
• 1896 Pa. LEXIS 794

Syllabus

<p>[Marked to be reported.]</p> <p>Equity — Jurisdiction—Remedy at law.</p> <p>In order to oust the jurisdiction of a court of equity the remedy or supposed remedy at law, must be full, adequate and complete.</p> <p>Equitable jurisdiction does not depend on the want of a common law remedy, but may be sustained on the ground that it is the most convenient remedy.</p> <p>The extension of the remedy at law to cases originally within the jurisdiction of a court of equity is no bar to a chancery proceeding for the same cause.</p> <p>Equity seeks to prevent unnecessary litigation by disposing in any one pi'oceeding of all the questions which arise affecting many persons.</p> <p>Equity — Partnership—Discovery—Accounts—Oil Lease.</p> <p>Where plaintiffs and defendants are the owners as tenants in common of an oil lease, and are also partners in the machinery and appliances for developing the oil, and in the business of mining and selling the oil produced from the well, and both parties have expended money upon the enterprise, but defendants refuse to furnish to plaintiffs any statement of their expenditures, plaintiffs have a standing in equity for discovery, and for a settlement of accounts.</p> <p>Equity — Lease—Oil and gas lease — Partnership—Act of May 6, 1891, P. L. 41.</p> <p>The act of May 6, 1891, P. L. 41, entitled “An act authorizing actions in assumpsit by and against joint owners, joint tenants and tenants in common, holding an interest in and operating any drilling, pumping or producing oil or gas well,” does not apply to a case involving the settlement of accounts between the tenants in common of an oil lease, who are also partners in the business of mining and selling the oil produced from the leasehold estate. .</p> <p>The act of 1891 is limited (1) to claims by strangers to the enterprise, who furnish labor or materials to sevei'al parties jointly interested, and (2) to a claim by one of several joint owners against another joint owner whose share he has pa