Whitney v. Kelley

Garoutte, J. This is an appeal from a judgment dismissing an action, a demurrer to the complaint having been sustained, and the plaintiff declining to amend. In September, 1886, some of the defendants, and the grantors of others, claiming title to the land involved in this suit, brought an action against the grantors of plaintiff to establish by judicial decree the true boundary line between the lands of the respective parties to that suit. The judgment therein rendered determined the boundary line, and adjudged the plaintiffs to be the owners of the tract of land involved in the present action. Plaintiff, as grantee of the defendants in that action, now files his complaint to set aside that judgment, upon the ground that it was procured through certain frauds practiced upon the defendants therein, the plaintiff’s grantors. The complaint further alleges that “ said lot was duly conveyed to plaintiff for value before the commencement of this action, and that he is now the owner and entitled to the possession thereof,” and further adding that the defendants herein have no title thereto other than that obtained by said j udgment.

This is an action to set aside a judgment upon the ground of fraud, brought by a plaintiff who was not a party to the suit in which the judgment was rendered, but is a grantee of the defendants in said action. It is insisted that, as such, he has no standing before a court of equity, and if that be true, the judgment must be affirmed. The question here presented is one of importance, and as far as we are advised, one not directly adjudicated upon in this state. Owing to the fact that there is not an entire uniformity in the decisions upon the question, it is enveloped in some doubt, but we believe the better rule and the weight of authority sup[148]port the principle of law as adduced in Freeman on Judgments, sec. 512, where it is said: “ No person will be permitted to proceed in equity against a judgment or decree to, which he was not a party, and which did not at its rendition affect any of his rights. If the parties to an adjudication are satisfied with it, no outside persons will be permitted to intermeddle with it at law or equity.” Judge Story, in his work on Equity Jurisprudence, sec. 1040 g, speaking upon this subject, says: “ So an assignment of a bare right to file a bill in equity for a fraud committed upon the assignor will be held void as contrary to public policy, and as savoring of the character of maintenance.....Indeed, it has been laid down as a general rule that where an equitable interest is assigned in order to give the assignee a locus standi in judicio in a court of equity, the party assigning such right must have some substantial possession and some capability of personal judgment, and not a mere naked right to overset a legal instrument or to maintain a suit.” The principle here announced is supported in Cross v. Sacramento Sav. Bank, 66 Cal. 462; Sanborn v. Doe, 92 Cal. 152; French v. Shotwell, 5 Johns. Ch. 565; Marshall v. Means, 12 Ga. 61; 56 Am. Dec. 444; Prosser v. Edmonds, 1 Younge & C. 496; Graham v. Railroad Co., 102 U. S. 154; Crocker v. Bellangee, 6 Wis. 667; 70 Am. Dec. 489.