File No. 57193
A complaint makes distinct claims (a) that plaintiff's title to his land is disputed by the defendants, and (b) that he is being disturbed in the peaceful enjoyment of his land, and prays the court to quiet title as a remedy for the first complaint and to grant an injunction as a remedy for the second complaint. Better pleading requires that the causes of action be set forth in two separate counts, since different defenses might be presented to the different complaints. A motion to separate is granted.
MEMORANDUM FILED DECEMBER 5, 1939.
Milton G. Harrison, of New Haven; Omar W. Platt, of Milford, for the Plaintiff.
Ephraim E. Sinn, of New Haven, for the Defendants.
Memorandum of decision on motion to separate.
The plaintiff in his amended complaint makes two distinct claims: (1) that his title to his land is disputed by the defendants; (2) that he is being disturbed by the defendants in the quiet and peaceful occupation and enjoyment of his land. He asks the court to quiet his title as a remedy for the first complaint and to grant an injunction against the defendants as a remedy for the second complaint. Different defenses might be presented to the different complaints. It is better pleading to set forth the causes of action in two separate counts. The motion to separate is granted.