Botsford v. Beers
Supreme Court of Connecticut
This was a bill in chancery to obtain the legal title to real estate. The bill stated the following case. On the 20th of November, 1822, Amos Shepard and George Shepard were justly indebted to the plaintiff, as executor of Moses Botsford, deceased, in the sum of 917 dollars, 19 cents, for so much money, by the plaintiff, as such executor, before that time paid, laid out and expended to and for their use, and at their special instance and request.
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This was a bill in chancery to obtain the legal title to real estate. The bill stated the following case. On the 20th of November, 1822, Amos Shepard and George Shepard were justly indebted to the plaintiff, as executor of Moses Botsford, deceased, in the sum of 917 dollars, 19 cents, for so much money, by the plaintiff, as such executor, before that time paid, laid out and expended to and for their use, and at their special instance and request. On the 1st of March, 1834, the plaintiff brought a writ of scire-facias against them, on a previous judgment rendered upon said demand, and upon…
1Opinion of the CourtBissell, J.
One ground taken in support of this demurrer, is, that it does not appear from the facts stated in the bill, that the plaintiff, as the executor of Moses Botsford, has any interest whatever.
It is stated in the bill, that Amos and George Shepard were indebted to the plaintiff, as executor; and that, in that capacity, he recovered a judgment against them. It would seem, under this demurrer at least, that any enquiry into the original cause of action is precluded ; that it is res adjudicata, and is merged in the judgment.
True it is, these defendants were not parties to that judgment, and are not…
2Cases cited3 opinions
- Brinkerhoff v. BrownNew York Court of Chancery · 1820
- Hobart v. FrisbieSupreme Court of Connecticut · 1825
- Whittlesey v. McMahonSupreme Court of Connecticut · 1834
3Cited by18 opinions
- Case v. BeauregardSupreme Court of the United States · 1880
- Ziska v. ZiskaSupreme Court of Oklahoma · 1908
- Wadsworth v. SchisselbauerSupreme Court of Minnesota · 1884
- Wilson v. SpearSupreme Court of Vermont · 1894
- Ashbaugh v. SauerMichigan Supreme Court · 1934
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