Bell v. Woodward
Supreme Court of New Hampshire
In equity. The bill set forth that the plaintiffs, Joseph M. Bell and others, were administrators of the estate of Joseph Bell, deceased; that Joshua Woodward, one of the defendants, being seized of a tract of land, in Haverhill (described), now occupied by him and James Woodward, the other defendant, on the 23d of November, 1840, mortgaged the northerly part thereof, commonly called the Samuel Ladd farm, to P. Goss, and M. Goss, his wife, to secure a note of said Joshua to…
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In equity. The bill set forth that the plaintiffs, Joseph M. Bell and others, were administrators of the estate of Joseph Bell, deceased; that Joshua Woodward, one of the defendants, being seized of a tract of land, in Haverhill (described), now occupied by him and James Woodward, the other defendant, on the 23d of November, 1840, mortgaged the northerly part thereof, commonly called the Samuel Ladd farm, to P. Goss, and M. Goss, his wife, to secure a note of said Joshua to said M. Goss for $600 of that date. This note and mortgage have been since assigned to Spaulding, and by him to M. Hale;…
1Opinion of the CourtBell, C. J.
The objection of multifariousness, where it appears on the face of the bill itself, can be taken only by demurrer. If no demurrer is filed, the objection is waived, and can not be insisted upon at the hearing on plea or answer; but where the objection is not apparent on the bill, but is introduced and shown by plea or answer, it must of course be open to the defendant on the plea or answer. Abbot v. Johnson, 32 N. H. 9; Dan. Ch. Pr. 350, 396.
On the bill in this ease this objection can not be sustained. In a bill for foreclosure all parties interested in the property, whose rights may be…
2Cases cited13 opinions
- Brinkerhoff v. BrownNew York Court of Chancery · 1822
- Boyd & Suydam v. Hoyt & ParselNew York Court of Chancery · 1835
- French v. ShotwellNew York Court of Chancery · 1821
- Hook v. WhitlockNew York Court of Chancery · 1831
- Mix v. HotchkissSupreme Court of Connecticut · 1840
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