Greither v. Alexander
Supreme Court of Iowa
Appeal from Boone District Court. The facts sufficiently appear from tbe opinion. I. A bill is multifarious wbicb gives distinct and independent matters; wbicb recites matters perfectly distinct and unconnected against one defendant; or several matters of a distinct independent nature against several defendants. Story Eq. PL, §§ 271 and 530; Boyd v. Hoyt, 5 Paige Cb. R., 65 ; Jaclcson v. Frost, 2 Bail. Cb.
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Appeal from Boone District Court. The facts sufficiently appear from tbe opinion. I. A bill is multifarious wbicb gives distinct and independent matters; wbicb recites matters perfectly distinct and unconnected against one defendant; or several matters of a distinct independent nature against several defendants. Story Eq. PL, §§ 271 and 530; Boyd v. Hoyt, 5 Paige Cb. R., 65 ; Jaclcson v. Frost, 2 Bail. Cb. R., 576; Newland v. Bogers, 3 Id., 432; Cammel v. Young, 3 Iowa, 297. II. Tbe order for tbe examination of tbe co-defendants should bave been granted. Tbe practice in chancery cases…
1Opinion of the Court
Wright, Ch. J.
Complainant loaned to Hoskins & Co. a sum of money, and took a mortgage upon a certain steam mill; not, however, including the lot or ground upon which it was erected. The title to the land was in Clarke, but the mortgagors had a contract for its purchase. Subsequently the mill and machinery were sold to Alexander and others, they having knowledge of the mortgage. At the same time the respondents (Alexander and others) obtained a deed from Clarke for the land. Complainant seeks to foreclose this mortgage, and to set aside the conveyance from Clarke to respondents. Hoskins & Co.,…
2Cases cited2 opinions
- Pierson v. DavidSupreme Court of Iowa · 1855
- Perry v. KearnsSupreme Court of Iowa · 1862
3Cited by11 opinions
- McDonald v. FinsethNorth Dakota Supreme Court · 1915
- Green v. TurnerSupreme Court of Iowa · 1874
- McCrary v. DemingSupreme Court of Iowa · 1874
- Carmichael v. BodfishSupreme Court of Iowa · 1871
- First National Bank of Corning v. ReidSupreme Court of Iowa · 1904
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