Perry v. Carr
Perry v. Carr
Opinion of the Court
This is a bill in equity to redeem a tract of land in HopMnton from a sale on execution of the equity of redemption, to the defendant, in May, 1859, and to compel the release to the plaintiff of the interest acquired by such sale. The bill alleges that the plaintiff, having acquired by deed the title of Bowers, the execution debtor, tendered to the defendant, November 29,1859, the amount of the purchase money and interest and reasonable charges, and demanded a release of his interest; to which the defendant demurs for want of equity, and in his argument assigns for cause that the bill does not allege that the plaintiff has always been ready and is still ready to pay the money tendered; and makes no offer to pay.
Upon examination, it appears that the bill contains no such allegations, and we are therefore of the opinion that the demurrer is well taken. In general, the plaintiff must state in his bill a case upon which, if admitted by the answer, or proved at the hearing, this court can make a decree. 1 Dan. Ch. Pr. 412. The right, title, or claim of the plaintiff should be stated with accuracy and clearness, so that the defendant shall be informed what he is to meet.
Must be dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.