Whitaker v. Young
New York Supreme Court
Declaration in assumpsit, upon the statute “ for the relief of creditors against heirs and devisees,” (1 R L. 316,) thus: “ Albany, ss.
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Declaration in assumpsit, upon the statute “ for the relief of creditors against heirs and devisees,” (1 R L. 316,) thus: “ Albany, ss. Joseph Whitaker complains of Charlotte Young, Hannah Young, and Alexander Young, heirs of Benjamin Young, deceased, they the said Charlotte Young, Hannah Young, and Alexander Young, being the sisters and brother of the said Benjamin Young, deceased; the said Charlotte Young ond Hannah Young, being in custody, fyc., and the Sheriff of the city and county of Albany, having returned to the writ of capias ad respondendum, issued to him in this cause, as to the…
1Opinion of the Court 1
Curia.
The defendants are answerable as heirs to the extent of their inheritance only; and, as between each oth er, are liable to contribute on scire f acias. If some are not warned, those who are must plead it, in the first instance, or they lose the benefit of contribution. (2 Saund. 9, n. 10, and the cases there cited.) This principle applies to the present case. As two only are taken, and it appears on the face of the declaration that three are liable, there is no need of the non-joinder being shown by plea. The defendant may demur. (1 Chit. Pl. 29, and the cases there cited.) The joint…
Also in this document: Opinion of the Court · Williams.
2Cases cited1 opinion
- Jackson ex dem. Tuttle v. GridleyNew York Supreme Court · 1820
3Cited by2 opinions
- State ex rel. Roe v. NoggleWisconsin Supreme Court · 1861
- Vermont v. Society for the Propagation of the GospelU.S. Circuit Court for the District of Vermont · 1827