114 Wis. 423 | Wis. | 1902
Tbe complaint seems to present tbe ordinary case of a person seeking to foreclose a mortgage, and, as a necessary part of full relief, to1 have tbe status of the mortgage lien determined as regards hostile claims of prior
Counsel for both sides, and the circuit court as well, misconceived the character of the complaint. That seems to have come about from an erroneous view of what may be legitimately included in a single cause of action in equity. The test to be applied in order to determine whether a complaint states more than one cause of action, is whether, looking at the whole pleading, there is more than one primary right presented thereby for vindication. There may he many minor subjects, and facts may be stated constituting indo-pendent grounds for relief, either as between the plaintiff and all the defendants, or the former and one of the latter, or between defendants, and there be still but a single primary purpose of the suit, with which all the other matters are so
“The test of whether there is more than one cause of action stated or attempted to be stated in a complaint is not whether there are different kinds of relief or objects sought, but whether there is more than one primary right sought to be enforced or one subject of controversy presented for adjudication.”
There is very little need for going outside the statutes to discover that such is the law.
“The complaint shall contain ... a plain and concise statement of the facts constituting each cause of action.”' Sec. 2646, Stats. 1898.
“Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the questions involved therein.” Sec. 2603.
Each defendant, in addition to taking issue with one or more of the allegations of the complaint by answer, may plead new matter constituting a defense or counterclaim to the plaintiff’s cause of action, even though that involves a controversy between defendants. Sec. 2655. Issues may be joined between defendants, if necessary for the trial of the matters so presented to the court, and the whole subject of the action, including all the incidental controversies, may be closed by a single decree, so framed as to give to the plaintiff and to each defendant his appropriate relief. Sec. 2883.
Applying the foregoing to the pleading before us it is read
The pleading presents for consideration no question of paramount title, as counsel for respondent seems to suppose, citing Hekla F. Ins. Co. v. Morrison, 56 Wis. 133, 14 N. W. 12, and similar authorities. There is no dispute here, rightly speaking, as to the title. Priority of liens on title does not involve questions of conflicting titles. Neither is there any question presented by the complaint as to merger by implication, as counsel for respondent seems to think, citing Webb v. Meloy, 32 Wis. 319, and like authorities. The allegations of the complaint are to the effect that the legal title to the property was conveyed to respondent in payment and satis
By the Court. — Tbe order appealed from is reversed, and tbe cause remanded for further proceedings according to law.