Parker v. Fay

Reed, Y. C.

The complainant is the administrator de bonis non of Eliza Maria Lane. He files a bill to foreclose a mortgage given to Joseph Cooper, executor of Eliza Maria Lane.

Demurrer is filed to the bill upon the ground that the complainant, as administrator de bonis non, cannot bring suit to enforce the mortgage given to his predecessor as such, and that the creditors or next of kin of the intestate should be parties complainant, and if not proper parties complainant, should be made parties defendant to the suit.

There has been some contrariety of view in r'espect to the question to whom the…