Brown v. Lawton
Supreme Judicial Court of Maine
On exceptions. This was a bill in equity to redeem a mortgage of real estate, inserted in a writ of attachment dated July 6, 1891, returnable at the following September term of this court. The bill alleges the giving of the mortgage October 23, 1886, by the plaintiff, Wm.
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On exceptions. This was a bill in equity to redeem a mortgage of real estate, inserted in a writ of attachment dated July 6, 1891, returnable at the following September term of this court. The bill alleges the giving of the mortgage October 23, 1886, by the plaintiff, Wm. M. E. Brown, to the defendant, Lawton, to secure certain notes of his and provided for a foreclosure in one year; also a quitclaim of the premises to the co-plaintiff, William B. Brown, by deeds dated August 17, 1887, and August 7, 1889. It next alleges a foreclosure of the mortgage by the defendant, Lawton, by notice in a…
1Opinion of the CourtHaskell, J.
Bill to redeem, brought by the mortgagor and his grantee. Dismissed below on demurrer. Exceptions.
L It is .objected that the mortgagor is improperly made a plaintiff. Suppose he is. The other plaintiff may well prosecute the suit and have redemption allowed him. The improper or .unnecessary joinder of a party plaintiff will not defeat a suit in equity. The bill may be dismissed as to him. Too few plaintiffs may be fatal to an equity cause, never too many. All persons interested must be parties, either plaintiffs or defendants, and If, from over-caution, too many be joined, the mistake *87is…
2Cited by3 opinions
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