Reed

— The complaint in this case is in two parts. The first is a complaint to recover possession of the property in controversy, which is a mine, and damages for its detention. The second part is in the nature of a bill in equity, asking for an account of the rents and profits during the period of the ouster, and for the appointment of a receiver. In the statement of each cause of action the plaintiff claims to be the owner of two-thirteenths of the mine, but it does not appear from the complaint that any of the defendants claim any interest in it whatever.

Under the first count or cause of action the plaintiff has a complete remedy for the alleged wrong she has suffered, but she could not obtain, nor does she need, an account of the gold extracted from the premises during the time they were occupied by the defendants.

The complaint is demurred to, on the ground that two causes of action have been improperly united, in this: 1st. The first cause of action is at law, and the second in equity; 2d. The two causes of action do not both belong to any one class enumerated in section 64 of the Practice Act; and 3d. The two causes of action are inconsistent with each other.

The first…