Ellis v. Southwestern Land Co.

The demurrer to the plaintiff’s complaint was •sustained in the court below on the ground that it appears therefrom that be has an adequate remedy at law. This ruling must be sustained unless we can say that sufficient facts bad been stated to warrant us in concluding that the action can be maintained in equity. The grounds urged for our consideration to support the complaint ,are: (1) That this action may prevent a multiplicity of suits; (2) that an accounting is demanded; (3) that the contract in question creates an equitable lien upon the defendant’s property, which only a court of equity…