Mersereau v. . Ryerss
New York Court of Appeals
Appeal from the supreme court. The bill was filed in the Late court of chancery, before the vice chancellor of the sixth circuit) against the heirs of John P. Ryerss, who died intestate in 1839, for the purpose of charging them, on account of real estate which descended to them, with a debt due from the decedent to the complainant.
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Appeal from the supreme court. The bill was filed in the Late court of chancery, before the vice chancellor of the sixth circuit) against the heirs of John P. Ryerss, who died intestate in 1839, for the purpose of charging them, on account of real estate which descended to them, with a debt due from the decedent to the complainant. The vice chancellor, after hearing the cause upon pleadings and proofs, and upon the report of a master to whom it had been referred to take an account of the indebtedness and dealings between the complainant and the intestate, sustained the bill and decreed…
1Opinion of the Court
Bronson, Ch. J.
The bill was filed against the defendants as the heirs at law of John P. Ryerss, who died intestate, to recover a debt which the complainant claims against the deceased. The bill states the granting of administration to the defendant, Joseph W. Ryerss, one of the heirs.; but I think that fact was only mentioned for the purpose of making out a case against the heirs, and not for the purpose of making Joseph a party as the personal representative of the deceased. Indeed it has been decided, that the heir and personal representative can not be joined in a suit under this statute.…
2Cases cited1 opinion
- Butts & Havens v. GenungNew York Court of Chancery · 1835
3Cited by6 opinions
- Mortimer v. ChambersNew York Supreme Court · 1892
- McGonigal v. ColterWisconsin Supreme Court · 1873
- Hauselt v. FineNew York Supreme Court · 1886
- Armstrong v. WingNew York Supreme Court · 1877
- Hauselt v. FineNew York Supreme Court · 1886
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