Walters v. Farmers Bank

Citations

• 76 Va. 12
• 1881 Va. LEXIS 69

Syllabus

<p>1. Equitable Jurisdiction—General Rule.—Where equity has acquired jurisdiction upon equitable grounds, it may go on to complete adjudication, establish legal rights and grant legal remedies otherwise beyond its scope; and no fact subsequently ascertained, showing want of good cause of action in the particular case, can defeat that jurisdiction.</p> <p>2. Idem:—Exception.—This rule applies not to a case where it is manifest the object is, by false pretence, to transfer the controversy from a legal to an equitable forum, as in Jones v. Bradshaw, 16 Gratt. p. 356; but only where in the tona fide assertion of an equitable claim, plaintiff invokes the jurisdiction of equity, but, from some cause developed in the investigation, fails to establish his title to the specific relief claimed in his bill.</p> <p>3. Idem.—The fads of each, case must determine whether equity will go on and decree against all the parties before it, or leave the parties to their more appropriate remedies at law.</p> <p>4. Construction of Statute.—Code 1873, oh. 141, § 19, providing that equity shall not have jurisdiction of suits on bonds, notes, &c., by assignee or holder thereof, was not intended to affect the principle that when the court has once rightly obtained cognizance of the controversy and of the parties, its power is effectual for complete relief.</p> <p>5. Equity Practice—Parties.—All interested in the subject matter in suit, may be joined as parties, but it is not essential that all should have an interest in all the matters involved.</p> <p>6. Idem—Separate Estate—Endorser.—Equity is the appropriate tribunal for charging feme’s separate estate, and an endorser on her note may be joined as a party. And if from cause developed in the suit, plaintiff fails of his remedy against that estate, he may have relief in same suit against the endorser.</p>