Samuel Blatchford

“ The bill is taken as confessed as to all of them, and there is no possible prejudice to the defendant Grant in the bringing of the bill in its actual shape by the cestu que trust. Nor is the bill open to the objection that it is multifarious. The fact that one of the deeds of trust covers the entire property, and that some of the creditors of Grant who were made defendants have liens upon various portions of that property, makes it eminently proper, and indeed, indispensable, if a clear title is to be given by a sale, to adjudicate all the claims in one suit. ”

“ An amended and supplemental bill having been filed in the Carter suit, the Phoenix Mutual Life Insurance Company filed an answer on the twelfth of June, 1874, setting up that Grant is indebted to it in the full amount called for by the several deeds of trust held by it; that the amount of said indebtedness is equal to the value of the property ”

“ The defendant has had, under his answer, the benefit of the defenses of usury and payment set up in the third and fourth pleas; and the rule that no plea is to be held bad, only because the answer may extend to some part of the same matter as may be covered by the plea, is not applicable where the answer extends to the whole of the matter covered by the plea. ”