Salustiano Aguirre Et Ux. v. Antonio Aja Et Ux
| Decision Date | 15 January 1943 |
| Parties | SALUSTIANO AGUIRRE ET UX. v. ANTONIO AJA ET UX |
| Court | Vermont Supreme Court |
November Term, 1942.
Jurisdiction of Court of Chancery.
1. A dispute as to the boundary between adjoining lands is not in itself a ground of equity jurisdiction.
2. An allegation of jurisdictional facts is not sufficient to confer jurisdiction on a court; the facts proved must be sufficient to show jurisdiction.
3. If after hearing, lack of jurisdiction appears, legal proceedings must cease, and may not be continued on ground of expediting settlement and saving expense.
4. Where the relief sought under the pleadings is to have the location of a common driveway and the ownership of a parcel of land determined, and to have relief for the deposit of dirt and stones on the driveway on one occasion, there is an adequate tort remedy, and equity does not have jurisdiction.
5. Even though the evidence may show a party entitled to a mandatory injunction, this fact does not confer equity jurisdiction where there is no prayer for such injunction.
6. When lack of jurisdiction appears, the court should of its own motion discontinue legal proceedings.
BILL IN CHANCERY to determine boundary line between two properties and for restraining injunction. Cross bill by defendants. Heard by Hughes, Chancellor, Washington County. Decree for defendants.
Decree reversed, and bill and cross-bill dismissed for want of jurisdiction of the subject matter, with costs to the defendants.
Finn & Monti for the plaintiffs.
T Tracy Lawson and Fred E. Gleason for the defendants.
Present: MOULTON, C. J., SHERBURNE, BUTTLES, STURTEVANT and JEFFORDS, JJ.
The plaintiffs as husband and wife hold title to a lot of land at 155 Berlin Street in the City of Montpelier. The defendants are husband and wife, and the defendant Antonio Aja holds title to a lot adjoining and numbered 153. There is a common driveway between the houses upon the two lots located onehalf upon each lot. The plaintiffs in their bill of complaint allege that the defendants have committed certain trespasses upon the driveway and upon the plaintiffs' lot, and have threatened to prevent and do now prevent the plaintiffs from enjoying the driveway and using a portion of their lot, and that unless enjoined will continue such trespasses, and that they have no adequate remedy at law. The defendants filed an answer, and a cross-bill in which they allege in turn trespasses by the plaintiffs upon the common driveway and the obstruction of the same by them, and in which they pray that the plaintiffs be enjoined from further obstruction of it. In his findings the chancellor states that during and in the progress of the trial the plaintiffs waived and abandoned their claims of trespasses and threats and any claim for damages by reason thereof, and that the only issue remaining for consideration was the location of the common driveway and the ownership of a parcel of land located westerly of the northerly half of the common driveway. As to the trespasses alleged in the cross-bill the chancellor found that in 1939 the plaintiff Salustiano Aguirre in excavating a cellar for an addition to his house put dirt and stones from the excavation into the common driveway in such manner as to prevent the defendants' tenant from using it, and that such dirt and stones were later put back upon the plaintiffs' land by some boys. In his decree the chancellor merely located the northerly boundary of the plaintiffs' lot and the driveway, all as claimed by the defendants. The plaintiffs have appealed and filed a bill of exceptions.
We do not reach a consideration of the merits of the case. It is not the business of equity to try titles to real estate, and the existence of a dispute as to the boundary between adjoining lands does not alone afford sufficient ground for a court of equity to ascertain and fix the boundary. Watkins v. Childs, 79 Vt. 234, 65 A. 81. It is not enough to allege jurisdictional facts; they must also be proved. Mere...
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