Zorn v. Walker
Zorn v. Walker
Opinion of the Court
This was a bill filed by the complainant against the defendants, as the purchaser of certain specified tracts of land at sheriff’s sale, under a fi. fa. against the defendant, H. F. Walker, praying for an injunction to restrain them from prosecuting their respective claims to a homestead on the land so purchased by him at such sheriff’s sale. The bill alleges that the defendants are fraudulently combining togething to obtain homesteads on the land for the benefit of H. F. Walker, one of the defendants, the other defendant not being entitled to a homestead under the law, and that the complainant not being a creditor of the applicants for a homestead cannot be heard in the common law Courts to object to the granting of the same. The bill was demurred to for want of equity, and because it was multifarious. The Court sustained the latter ground of demurrer and overruled the former, and both parties excepted. We think the Court erred on both grounds. If there was equity in the bill, the charge of a fraudulent combination between the defendants to obtain a homestead for one of them, would not make the bill multifarious, but would relieve it from that objection on demurrer therefor. Although the complainant, as a purchaser of the land at sheriff’s sale, is not a creditor of the ap
Let the judgment of the Court below be reversed.
Reference
- Full Case Name
- John C. Zorn, in error v. N. F. and N. M. Walker, in error
- Cited By
- 1 case
- Status
- Published