Heggie v. . Hill
Supreme Court of North Carolina
This was a civil action, tried before Clark, Judge, at the January Term, 1886, of the Superior Court of GRANVILLE county, and brought to this Court by the appeal of the defendants, other than the defendant The People’s Building and Loan Association, which did not appeal.
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This was a civil action, tried before Clark, Judge, at the January Term, 1886, of the Superior Court of GRANVILLE county, and brought to this Court by the appeal of the defendants, other than the defendant The People’s Building and Loan Association, which did not appeal. The action was brought to recover the possession of the land described in the complaint, from the defendants Hill and Watkins, in one aspect of the case, and in the other, the recovery from the People’s Building and Loan Association of the surplus of the proceeds of the sale of the same land, after satisfying a debt due them,…
1Opinion of the CourtAshe, J.
(after stating the facts). The grounds assigned for the demurrer, present the sole question for our consideration: “Whether the complaint is obnoxious to the objection of multifariousness.”
A bill is multifarious, as the term is generally understood, when there is a misjoinder of distinct and independent causes of action. Adams Equity, p. 309, note 1.
Whether a complaint is multifarious, usually resolves itself into the question, whether the causes of action united, are such that they may be joined in the same action. The Code, §267, Sub. Div. 1, provides, “that causes of action may be joined…
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