Restifo v. Faust

District of Columbia Court of Appeals

Restifo v. Faust

2 D.C. 149

CourtDistrict of Columbia Court of Appeals

DecidedJuly 1, 1935

DocketEquity No. 59819

StatusPublished

This text of 2 D.C. 149 (Restifo v. Faust) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Restifo v. Faust, 2 D.C. 149 (D.C. 1935).

Pincite

Opinion

[150]*150MEMORANDUM

BAILEY, J.

The bill of complaint seeks to remove certain tax deeds as a cloud in the title and to permanently enjoin the sale of the property. The defendant Commissioners are in no way involved in the second relief sought, and for that reason the bill is multifarious, the two matters involved not arising out of the same transaction. The motion to dismiss will be sustained.

The defendants who seek the appointment of a receiver are not seeking the foreclosure - of a deed of trust or the enforcement of any lien, and I see no occasion for the appointment of a receiver.

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[150]*150MEMORANDUM

BAILEY, J.

The bill of complaint seeks to remove certain tax deeds as a cloud in the title and to permanently enjoin the sale of the property. The defendant Commissioners are in no way involved in the second relief sought, and for that reason the bill is multifarious, the two matters involved not arising out of the same transaction. The motion to dismiss will be sustained.

The defendants who seek the appointment of a receiver are not seeking the foreclosure - of a deed of trust or the enforcement of any lien, and I see no occasion for the appointment of a receiver.

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Bluebook (online)

2 D.C. 149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/restifo-v-faust-dc-1935.