Opinion
(December Term, 1828.)
Where a party had an adequate legal remedy, and has brought an action and failed in it, he has no right to the aid of the court of equity.
From WAYNE. The allegations of the bill were that the plaintiff in 1810 bought of one Robert Fellow a negro woman, who continued in his possession for many years, during which time she had several children; that in 1821 the defendant privately procured the slave and her children to leave the premises of the plaintiff, and took them into his possession. The bill then set forth the title under which the defendant claimed the slaves, which was, shortly, this: that one Mathew Turner had held them as the bailee of one Wally Turner, on whose estate the defendant had taken out letters of administration.
Gaston for plaintiff.
Badger and W. H. Haywood for defendant.
The bill then charged that the plaintiff had brought an action of detinue against the defendant, in which he had failed. Barnes v. Dickinson, 12 N.C. 346. The bill prayed an injunction and general relief.
Upon the motion of the defendant, MARTIN, J., on the last circuit, dismissed the bill for want of equity; whereupon, the plaintiff appealed.
I cannot perceive upon what grounds this bill can be sustained. If the plaintiff has any title, it is a legal one, unmixed with any principle of equity, and not beyond the reach of ordinary tribunals to afford relief. He has had a trial at law upon the merits, and has failed.
PER CURIAM. Affirmed, with costs.
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