Neff v. Baker & Triplett

Citations

• 82 Va. 401
• 4 S.E. 620
• 1886 Va. LEXIS 50

Syllabus

<p>1. Equitable Jurisdiction and Belief— Grounds— Case at bar.—An accurate classification of the subjects of equitable jurisdiction is difficult. But the familiar grounds may be stated as follows: Accident, mistake, relief against penalties, &c., accounts, discovery, trusts, avoiding illegal contracts, contribution, substitution, want of remedy at law, jurisdiction conferred by statute. The case at bar comes under none of these heads.</p> <p>2. Idem—Remedy at law—Case at bar.—When there is a plain and adequate remedy at law, equity has no jurisdiction. In the ease at bar there was a plain and adequate remedy at law.</p> <p>3. Idem—Purchasers for value without notice—Agreement—Case at bar.—If, by the agreement, N. and B. could be regarded as partners, no insolvency is averred ; no claim is asserted against the firm, but only against B. By its terms, the wood was to be sold before N. was to be paid. It could not have been sold, if the sale had to be made under an alleged lien in favor of N. The sale was made, and the wood passed into the hands of purchasers for value without-notice. The alleged lien could only be effective between 1ST. and B. - and it has been waived by N.,’if he had any lien, by his failure to assert it on the wood in B.’s hands. His remedy is against B. for the proceeds.</p>