Dodson v. Taylor

The opinion of the court was delivered by

Dixon, J.

To a declaration against the heirs and devisees of James Taylor, deceased, the defendants demurred, on two grounds—-first, because the declaration contains no averment of the want of sufficient personal property to pay the claim; and, second, because it seeks to charge the defendants upon an endorsement by their ancestor of a promissory note which had not matured at the time of his death, the defendants insisting that such a contingent liability is not enforceable against heirs or devisees.

The Supreme Court having given judgment for the…