Brady v. Linehan

Citations

• 5 Idaho 732
• 51 P. 761
• 1898 Ida. LEXIS 5

Syllabus

<p>Pbactice on Appeal — Evidence, When Eeviewed. — On appeal from a judgment the evidence will not be reviewed or exceptions to findings on the ground that they are not supported by the evidence be considered, unless the appeal is taken within sixty days after the rendition of the judgment.</p> <p>Joinder of Actions. — A complaint in a suit brought to obtain a deed to property, sold under execution, from the sheriff, and to determine the plaintiff’s right to such deed as against the sheriff and an adverse claimant, states one cause of action.</p> <p>Misjoinder of Parties. — A sheriff who has sold property under execution sale and refused to make deed therefor to the purchaser, the execution defendant whose title was sold, and a third party who claims adversely to the plaintiff, may be joined as defendants in an action by the purchaser to obtain a sheriff’s deed to the property purchased by him at such execution sale.</p> <p>Same — Multiplicity of Suits not Allowed. — It is the policy of the code, as well as of equity practice proper, to prevent multiplicity of suits about the same subject matter, and to settle complicated controversies in one action, when practical, and to attain such objects any person who has or claims an interest in the subject matter of an action adverse to the plaintiff may be joined as defendant with other persons who are proper parties defendant to the action.</p> <p>Eraudulent Transfers. — The claims of title asserted by one who knowingly enters into an arrangement for the purpose of defrauding a mortgagee of his vendor cannot avail as against the claim of such mortgagee.</p> <p>(Syllabus by the court.)</p>