Brown v. Father Divine

We believe that facts sufficient to sustain the cause of action in equity are to be found in this record. In addition to the reasons assigned by the trial justice, it should be noted that the defendant failed to set forth facts in his answer showing that an adequate remedy at law existed. In Baron v. Korn (127 N. Y. 224) Judge Parker said in part: “If the question whether the plaintiff ought to have been required to establish his title in an action at law were properly reviewable here, it need not be considered, because the defendant did not, by his answer, object that the plaintiffs had an…