Kipp v. Delamater

58 How. Pr. 183

Opinion

Westbrook, J.

I do not see -how this motion can be granted.

1st. The authorities are against it (6 Abb. N. C., 69). 2d. The proceedings are in rem. against different pieces of property; and there is no reason why one parcel should bear burdens, in the way of costs, which belong to another. 3d. Eights of individual defendants differ, and one defendant should not bear that which belongs to another.

Motion denied.