Young v. Edwards

Clerke, Justice.

The proper way to compel a party to elect as to which of several inconsistent causes of action he shall abide by, is by motion. It is not necessary for the defendant to demur.

The object of this suit appears to be to procure, by the judgment of the court, the restitution of the property mentioned in the complaint. To show his right to this relief, the plaintiff states, 1st, That it was mortgaged by him to the defendants on a contract tainted with usury, and, 2d, That the sale under the foreclosure of the mortgage was void for other reasons; so that, if he could not sustain his…