14 Conn. 524 | Conn. | 1842
The first claim made by the defendants, is, that the bill is multifarious, in this, that the plaintiffs have united in bringing it. In other words, the defendants claim, that tenants in common cannot join in a suit in chancery, the object of which is to perfect their title, and quiet them in their joint possession of the common estate.
It might seem a sufficient answer to so broad a proposition, that no authority has been or can be found to sustain it. It is, however, not only unsupported by authority, but it conflicts directly with the long established and well settled rule in relation to the proper parties to bills in chancery ; — “ That all persons materially interested in the subject-matter ought to be made parties to the suit, either as plaintiffs or defendants, however numerous they may be, in order that complete justice may be done, and that multiplicity of suits may be avoided. Story’s Eq. Pl. 77. Coop. Eq. Pl. 33. 2 Sw. Dig. 200.
But again, it is claimed, that the executors and heirs of Electa Whittlesey ought not to have been made parties ; and because they are, the bill is said to be multifarious.
Tested by these principles, this case, in our opinion, is free from the objections claimed.
The objects of the plaintiff’s bill are, to remove two incum-brances upon their common property, to prevent a suit against them as joint occupants, and to quiet them in their joint possession. The plaintiffs, therefore, are jointly interested in the attainment of all these objects; and being so, it is very proper for them to join in bringing a suit for the accomplishment of them.
Again, the subject-matter of the suit is the property, — the
Why, then, may they not be joined ? We think they may be. Their interests are no more separate and distinct, than the interests of prior and subsequent mortgagees always are. Mix & al. v. Hotchkiss & al. 14 Conn. Rep. 32. 42. Brinkerhoff v. Brown, 6 Johns. Ch. Rep. 151. Reid & al. v. Gifford & al. Hop. 416. 419. Watertown & al. v. Cowen & al. 4 Paige 510. 515.
We therefore advise the superior court, that the demurrer be overruled.
Demurrer overruled,