Alston v. Munford
U.S. Circuit Court for the District of Virginia
In equity. George Alston and others, of the state of North Carolina, executors of Thomas Mutter, late of the said state, exhibited their bill in this court, against William Munford, heir at law, and devisee of Robert Munford, deceased, Anne Munford, his widow, and Anne Byrd, widow of Ot-way Byrd, and Richard Kennon, and Elizabeth, his wife, which Anne Byrd and Elizabeth Kennon were children of the said Robert Munford, and all of the state of Virginia.
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In equity. George Alston and others, of the state of North Carolina, executors of Thomas Mutter, late of the said state, exhibited their bill in this court, against William Munford, heir at law, and devisee of Robert Munford, deceased, Anne Munford, his widow, and Anne Byrd, widow of Ot-way Byrd, and Richard Kennon, and Elizabeth, his wife, which Anne Byrd and Elizabeth Kennon were children of the said Robert Munford, and all of the state of Virginia. The bill sets forth, that Robert Munford was, in his lifetime, indebted to Thomas Mutter, in a certain sum, by a writing, (a copy of which is…
1Opinion of the Court
MARSHALL, Circuit Justice.
So far as these suits affect the heir, it becomes material to distinguish those claims which may at this time be asserted against the real estate, and then to inquire what claims may be supported upon the principle of marshalling assets. The iirst claim which has been discussed, is that of the executors of Samuel Beall, deceased. This was a judgment obtained by Samuel Beall in his lifetime, against Robert Munford in his lifetime, which was revived after the death of Mun-ford, to wit, in 17S4 or 17S5, against his executors. The great objection to this debt is, that…
2Cases cited2 opinions
- Cheesebrough v. MillardNew York Court of Chancery · 1815
- Day v. PickettSupreme Court of Virginia · 1813
3Cited by15 opinions
- State ex rel. Beals v. Probate CourtSupreme Court of Minnesota · 1878
- Proctor v. RobinsonMichigan Supreme Court · 1877
- Sutherland v. HarrisonIllinois Supreme Court · 1877
- McCrum v. LeeWest Virginia Supreme Court · 1893
- Ball v. SetzerWest Virginia Supreme Court · 1890
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