¶1overruled the demurrer on the ground that multifariousness could only be taken advantage of on demurrer by the person suffering, — in this case, Bonaffon, not Bishop.
12 F. Cas. 150
Hill v. Bonaffon
U.S. District Court
Decided October 2, 1876
U.S. District Court · decided 1876-10-02
Sur demurrer to bill. The bill set forth the following facts: In 1870, Hill mortgaged certain real estate to Bishop and Bonaffon, his joint creditors, as security for their debt. In 1874, Hill mortgaged a portion of the same property, by a deed on its face absolute, to Bishop, as security for another debt due by him to Hill alone. Bishop then took and still held possession. Both debts had been paid.
Decided 1876-10-02