Rankin v. Newman

Britt C.

The parties differ as to the complexion of this action. Plaintiff asserts it to be “ a suit in equity by the administrator (with the will annexed) of the estate of John Levinson, deceased, against his surviving copartners for an accounting and settlement of the affairs of the, partnership” ; while defendants claim that it is “ an action to set aside on the ground of actual fraud a *604partnership settlement made by the executor of a deceased partner with the surviving partners, to have the papers executed in the matter of the settlement adjudged to be void and to be delivered up for…