Ritchie v. Dorland

The opinion of the Court was delivered by Mr. Chief Justice Murray. Mr. Justice Terry concurred.

The plaintiffs filed a bill in chancery in the Court below, in the nature of a “ Bill of Peace,” alleging that they were the owners in fee of a tract of land known as “ Suisun.” That the defendants, with many others, have intruded upon said land, and claim to hold the same by virtue of the pre-emption laws of the United States. That one Smith, who derived title from the plaintiffs, grantor for a portion of the said land, had recovered judgment in the United States District for the same against James Borland, one of the defendants in this action.

The plaintiffs claim a discovery against Borland and three hundred other persons, of the title to the parts or parcels of the tract which they claim, and the length of time they have occupied the same; a judgment declaring the title of the plaintiffs valid against the defendants, and all other settlers or persons upon the land, in like condition; a recovery of the possession against the defendants, as well as all other persons; and an account of the rents and profits, &c.

The defendants demurred; the demurrer was sustained, and the plaintiffs appeal.

A “ Bill of Peace ” is said to be a bill brought by a person to estab[38]lish and perpetuate a right which he claims^ and which from its nature may be controverted by different persons at different times, and by different actions, or where separate attempts have been made to overthrow the same right, and justice requires that the party should be quieted in his right.

In such eases a Court of Chancery, in furtherance of the policy of the law, will interpose to prevent harassing litigation, and perpetually enjoin those claiming adversely from prosecuting their claims against the person showing himself clothed with the legal right. ’-These bills are resorted to where several persons claim a right as against one or more, or one or more against many, and in such cases, the rule which requires all persons interested to be made parties is relaxed; and Courts of Equity allow only a sufficient number of persons to be made parties, to honestly and fairly defend the rights involved. In general, it will be necessary for the plaintiff to establish his right at law, before he brings his bill; but this is not absolutely necessary, for a Court of Chancery may require him to litigate his right in a Court of Law before granting the relief sought. Lord Rudsdale thus defines this jurisdiction': “Courts of Equity will also prevent multiplicity of suits; and the cases in which it is attempted, and the means used for that purpose, are various. With this view, where the general legal right is claimed against several distinct persons, a bill may be brought to establish the right. Thus, where a right of fishery was claimed by a corporation throughout the course of a considerable river, and was opposed by the lords of manors, and owners of land adjoining, a bill was entertained to establish the right against the several opponents, and a demurrer was overruled. As the object of such a bill is to prevent multiplicity of suits, by determining the rights of the parties upon issues directed by the Court, if necessary for its information, instead of suffering the parties to be harassed by a number of separate suits, in which each suit would only determine the particular right in question between the plaintiff and the defendant in it, such a bill can scarcely be sustained where a right is disputed between two persons only, until the right has been tried and decided upon at law. Indeed, in most eases, it is held that the plaintiff ought to establish his right by a determination of a Court of Law in his favor, before he files his bill in equity. And if he has not done so, and the right he claims has not the sanction of long possession, and he has any means of trying the matter at law, a demurrer will hold. If he has not been actually interrupted or dispossessed, so that he has had no opportunity of trying his right, he may bring- a bill to establish it, though he has not previously recovered in affirmance of it at law, and in such a case a demurrer has been overruled.”