The Montgomery advertiser., 1903-01-16

Bill In Equity to enjoin Actionaof Eject.
 ment and to Prevent Multiplicity of
 Suits Appeal from the Chancery
 Court of Mobile.
 l. Equity jurisdiction; what necessary to maintain bill to prevent multiplicity of suits.-The prevention of multiplio- ity of suits is not, considered by itself alone, an independent source or occasion of equity Jurisdiction, in such sense that it can create a cause of action, when one did not otherwise. exist; and before q party or parties can invoke the jurisdic- ton of chancery to prevent a multiple ity of suits, such party or parties must have some prior legal or equitable rights in the premises. It can not be invoked at all for the mere prevention of a null tiplicity of suits. by bringing into one lit- igation numerous pending or Imminent actions by party who Is without cause of action or ground of defense.
 2. Same; same .--To authorize numerous persons. or one person for himself, or for himself and others. to maintain bill for the prevention of a multiplicity of suits. there must be a common title to, or a common interest in, the subject matter involved; and a mere common interest in the question of law involved in the pend- ing or threatened suits. is not sufficient to authorize the. exercise of equity juris- diction for such purpose.
 8. Same; same.--Where numerous ac- tions of law are brought by the same party plaintiff against separate and dis tinct parties defendant, court of chan cery will not exercise its Jurisdiction for the purpose of consolidating such action and thereby preventing multiplicity of suits. when no common property right rsv- F-, t- t@fA l.r.u .OL r,trr rrtfo q parties defendant, and when only one suit is pending, or threatened against each, and no one of them could be in- jured by the multiplicity of actions in which other persons only would be par ties, though the right of defense of such persons relied upon by each of such par ties defendant. is the same, or is depend- ent upon the same state of facts.
 4. Same; same.-Where a single party has instituted several actions of eject ment against separate and different par ties defendant for the recovery from each separately of distinct lots or parcels of land. the facts that the claims of title on the part of the party plaintiff is the same in each of said several suits, and that the attitude and rights of the de- fendant in each of said actions are the same or similar, and, therefore, each of the defendants in said suits has an in- terest in common with all the others in questions of law and fact involved in said actions, are not sufficient to author ize the maintenance of a bill by the de- fendant in one of the actions of eject ment. either in his own behalf alone. or in behalf of himself and the defendants in the other ejectment suits, to enjoin all the actions of ejectment and tl4~. eby pre- vent a multiplicitv of suits,
 5. Same: what necessary to authorize maintenance of bill in equity.--A party who seeks to go into equity to obtain relief must himself have equity; and, therefore. where the title relied on by the party defendant in an action of eject ment is legal, where his defense IS al law, and all his rights. remedies and de- lenses are cognizable in legal forum he can not maintain bill to enjoin other actions of eJectment, brought by the same plaintiff against different parties and thereby prevent multiplicity oi suits, upon the theory that the court has an equity, or upon the ground that the several defendants in the other suits have like but entirely independent and disconnected legal rights. estates or de- lenses.
 G. Rights of riparian or iittoral owners where parol license to erect wharves re- vocable: estoppel.--A parol license grant ed by shore owner to the owner of the upland abutting on the shore, to erect wharves on and across the shore, Is Ie' vocable at the option of the shore owner although the owner of the upland abut ting on the shore has performed act' hereunder or has expended money in re- llance thereon; and the fact that the H. cense is executed, or that money has beer expended by the licensee under it. doeI not equitably estop the shore owner ol licensor from revoking the license.
 :. Taxation; estoppel as to State ol clty.-The fact that statutes of this State and ordinances of one of the cities of thu State levy taxes on wharves owned ant maintained by a citizen, involves no mat ter of equitable estoppel upon the Stat' or said city to assert whatever legal title either way have to the shore lot or which such wharves are located.
 8. Equity Jurisdiction; fact that title Is held by trustee confers no equity jul risdlction. The mere fact that the lega title to land is in a trustee, gives nc right to the disselzor to come Into court of equity to enjoin an action a law by the trustee for the recovery o possession of said land.
 Modified and affirmed. Opinion by Nc CleHan, c. J.
 DEPOSIT BANK OF FRANKFORT KY, vs. CAFFEE, ct al.
 Bill in Equity by Judgment Creditor tC
 Set Aside Alleged Fraudulent Convey
 ance e.-Appeal from the Chancery
 Court of Lowndes. --t.
 l. Fraudulent conveyance; to maintain bill attaching a conveyance the exist ence of the debt must be shown.-In or der for a creditor to maintain suit 1T equity to set aside conveyance as fraud ulent, whether it be constructively or ac tually fraud Ilent, there must be showl the existence of debt due the com piainant. for the payment of which. ex cept for the conveyance, the propert! transferred could be made liable to cred itors; and in such suit the grantee il the. conveyance must have an opportunit! to dispute the debt, and may plead an! defense not merely personal. which thu grantor or debtor could have mad, against him.
 ?. Competency of witness; transactioni with and declarations by a deceased per son.-Under the provisions of the statute which prohabits a party from testifyinI to "any transactions with or statementi by a deceased person whose estate il interested In the result of the suit" (Code Sec. 179D, a party to a suit Is not a com petent witness to prove admissions o declarations made by the deeedent. ol transactions made with him in his life time, when the purpose of the evidenc, IS to diminish the rights of said dece dent, or those claiming under or in sue ,ession to him.
 8. Fraudulent conveyance; what consti