Leacraft v. Demprey
New York Court of Chancery
This was a bill filed by an executrix- for an account and payment of a portion of the rents and profits of certain household premises which accrued during the lifetime of the testatrix.
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This was a bill filed by an executrix- for an account and payment of a portion of the rents and profits of certain household premises which accrued during the lifetime of the testatrix. The defendant, intending to plead an account stated with the testatrix, in bar of the account and payment of the rents and profits prior to a particular period, and to answer as to the residue, put in her plea and -answer, commencing with the answer, in the usual form of an answer to the whole bill. And after answering so much as was not intended to be covered by the plea, she pleaded the account stated, in…
1Opinion of the Court
The Chancellor.
The plea in this case is a sufficient defence to so much of the bill as seeks an account and satisfaction of the rents and profits of the premises, in the bill mentioned, up to and including the first of February, 1831. But it is defective in a point of form; it being overruled by the answer. It is not necessary to decide the question whether any of the facts stated in the answer do in fact cover the part of the bill intended to be covered by the plea. I am inclined to think, however, they do not. But by referring to the commencement of the answer, it will be seen that it…
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