Backhouse and Others v. Patton and Others
Supreme Court of the United States
This cause came before tbe Court ou a certificate of a division of opinion in the Circuit Court of the United States for the eastern district of Vix-ginia. In that court, a bill was filed on the equity side of the court, for the recovery of debts, by John Backhouse’s administx-ator and others. The facts of the case, as agreed on the ax-gument, were : James I-Iunter died testate and insolvent, charging his estate, both real and pex-sonal, with the payment of debts.
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This cause came before tbe Court ou a certificate of a division of opinion in the Circuit Court of the United States for the eastern district of Vix-ginia. In that court, a bill was filed on the equity side of the court, for the recovery of debts, by John Backhouse’s administx-ator and others. The facts of the case, as agreed on the ax-gument, were : James I-Iunter died testate and insolvent, charging his estate, both real and pex-sonal, with the payment of debts. This suit was originally brought by Rebecca Backhouse, administratrix of John Backhouse, deceased, one of the. creditors, in the…
1Opinion of the Court
McLean, Justice,
delivered the opinion of the court. — This cause is brought before the court on a certificate of a division of opinion, in the circuit court of the United States for the eastern district of Virginia. The question presented for decision relates to the application of certain payments made by Patton, one of the defendants. The facts in the case are, substantially, as follows :
James Hunter, by his last will, devised his estate, real and *personal, to certain relatives, subject to* the payment of his debts. Patrick Home, one of the devisees and executors, being the surviving…
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