Legal Opinion
Bennett v. Clark
Michigan Supreme Court
Decided July 24, 1914No. Docket No. 5PublishedCited by 1 opinion
Appeal from Wayne; Mandell, J. Bill by Edward S. Bennett against Arthur J. Clark and Nella S. Clark to foreclose a deed given as a mortgage. From an order overruling a demurrer to the bill, defendants appeal.
1Opinion of the CourtMoore, J.
This is an appeal from an order overruling a demurrer to an amended bill of complaint. The bill is filed to foreclose a deed in form, though it is in fact a mortgage. We quote from the brief of counsel for appellants:
“There are several grounds of demurrer; * * * the ones upon which we will dwell most extensively being:
“(1) The complainant has no interest in the sub*691ject-matter of this suit, nor any title or interest in the thing therein demanded, viz., the $2,842.82 alleged to be due to Hayden, Stone & Co., or rather to the individual members composing that firm.
“(2) The bill is multifarious.”
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2Cases cited5 opinions
- Michigan State Bank v. TrowbridgeMichigan Supreme Court · 1892
- Shelden v. BennettMichigan Supreme Court · 1880
- Mudge ex rel. County of Madison v. RinkleAppellate Court of Illinois · 1892
- Foley v. KleibuschMichigan Supreme Court · 1900
- Storrs v. WallaceMichigan Supreme Court · 1884
3Cited by1 opinion
- Raniak v. PokorneyMichigan Supreme Court · 1917