Harper v. Butler
Supreme Court of the United States
ERROR to the district court of the United States for the. district of Kentucky. The only question submitted to the court .was, whether the assignee of a chose in action; assigned by an éxecutor in the state where hé had proved the will and taken out letters testamentary, where the debt was contracted, and where'the testator lived and died; could maintain an action in another state, without a new probate and new letters testamentary taken out in the state in which the action…
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ERROR to the district court of the United States for the. district of Kentucky. The only question submitted to the court .was, whether the assignee of a chose in action; assigned by an éxecutor in the state where hé had proved the will and taken out letters testamentary, where the debt was contracted, and where'the testator lived and died; could maintain an action in another state, without a new probate and new letters testamentary taken out in the state in which the action was brought. The question arose on the demurrer of the' defendant to the plaintiff’s replication; setting out the.…
1Opinion of the CourtChief Justice Marshall
This is an action of debt brought by the plaintiff in error, in the court of the United States for the district of Mississippi, as the assignee of Henry Clay, executor of James Morrison deceased. The defendant pleaded in abatement, that the will of James Morrison had not been proved or recorded in the state of Mississippi, nor had letters testamentary therein been granted to Henry Clay the executor. To this plea there was a replication, which set. out the probate of the will in the.state of Kentucky, the letters testamentary to the executor, and the assignment, in the state of Kentucky, of…
2Cited by27 opinions
- Petersen v. . Chemical BankNew York Court of Appeals · 1865
- United States v. Guaranty Trust Co. of New YorkSupreme Court of the United States · 1934
- Wilkins v. EllettSupreme Court of the United States · 1883
- Sylvania Industrial Corporation v. Lilienfeld's EstateCourt of Appeals for the Fourth Circuit · 1943
- Putnam v. PitneySupreme Court of Minnesota · 1891
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