Harvey v. Richards
U.S. Circuit Court for the District of Massachusetts
This was a bill in equity [by Mary Harvey against John Richards], in which the complainant sought from the defendant, who was administrator with the will annexed, of James Murray, alias Mowry, a discovery and distribution of the undevised estate of the testator, of whom she asserted herself to be heir at law.
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This was a bill in equity [by Mary Harvey against John Richards], in which the complainant sought from the defendant, who was administrator with the will annexed, of James Murray, alias Mowry, a discovery and distribution of the undevised estate of the testator, of whom she asserted herself to be heir at law. The defendant pleaded in bar. that before the exhibition of the bill, viz. on the 31st day of August, A. D. 1807, he filed before the judge of probate of the county of Suffolk, in this district, a copy of the will of James Murray, late of Calcutta, in the province of Bengal, deceased,…
1Opinion of the CourtStory, Circuit Justice
(after stating the pleadings). The question is, whether this plea, as pleaded, is a good bar to the present bill. It is argued on the part of the defendant in the affirmative on various grounds, which I will, in the course of this opinion, distinctly consider. It is to be recollected, that the proceedings before the probate court were not between the same parties, as in the present; there was a joinder of John Mowry with the present plaintiff, and unless in probate proceedings the parties are considered as prosecuting severally and for their several interests, as well as jointly, according to…
2Cases cited1 opinion
- Hibshman v. DullebanSupreme Court of Pennsylvania · 1835
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