Pulezer v. Kucharzyk

1. Equity — Adequate Remedy at Law. . A bill in equity will not lie to recover damages for the wrongful act of a depositary in suppressing a conveyance, there being an adequate remedy at law. 2. Same — Parties. All of the heirs of a decedent are necessary parties to a bill to establish a deed alleged to have been executed by him in his lifetime. 3. Same-?Right to Reliee. A bill in equity is properly dismissed where the complainant has by other means obtained all of the relief to which he is entitled, except damages for the wrongful act of the defendant, for which there is a complete remedy at law.

Appeal from Huron; Beach, J. Bill by Paul Pulezer against Ignace Kucharzyk and John Pulezer, Jr., to establish a deed and contract alleged to have been fraudulently withheld from record. Prom a decree dismissing the bill, complainant appeals. The bill of complaint alleges that on November 20; 1880, John Pulezer, Sr., the father of complainant and defendant John, executed .a deed of 80 acres of land to defendant John; that, at the same time, the father, his wife, and son John executed a contract by which it was agreed that, when Paul became of age, John should deed one-half of the land to Paul, and that Paul and John were to take care of their mother and a brother who was an imbecile; that the deed and contract were given to defendant Kucharzyk to take to the office of the register of deeds, and have recorded; and that he did not record them, but kept and secreted them. The prayer of the bill is that such deed and contract be established, and for damages for the wrongful act of the defendants. Defendants filed a joint and several answer, denying the material allegations of the bill, and assert that no contract or deed was made, but that John Pulezer, Sr., at that time, executed a will, which Kucharzyk, at his request, deposited with the judge of probate. Proofs were taken, and the bill dismissed.