Logan v. Greenlaw
United States Circuit Court
In Equity. This case was formerly heard on exception to the pleas. Logan v. Greenlaw, 12 Fed. Rep. 10. The plaintiff commenced an action for the death of her slave against a coal company, to which he had been hired, and attached property to secure her claim for damages. The property was released upon the security of a replevy bond, the firm of \Y. 13. Greenlaw & Go. becoming sureties.
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In Equity. This case was formerly heard on exception to the pleas. Logan v. Greenlaw, 12 Fed. Rep. 10. The plaintiff commenced an action for the death of her slave against a coal company, to which he had been hired, and attached property to secure her claim for damages. The property was released upon the security of a replevy bond, the firm of \Y. 13. Greenlaw & Go. becoming sureties. The firm was composed of two brothers, W. 13. and J. 0. Greenlaw, who were engaged in many kinds of business as contractors, speculators in lands, etc. W. 13. Greenlaw signed the bond in the firm name. The case…
1Opinion of the Court
Hammond J.
This case -presents a matter of much intricacy, involving, as it does, the confusing subject of partnership real estate. Exactly stated, the question is this: Gan the heir at law of a deceased partner deny the fact of there being a partnership debt, on a bill filed against him and the surviving partner to subject the partnership real estate to a judgment obtained against the surviving partner and the executor of the deceased partner?
I feel very much disinclined, unless driven by the force of legal principles, to extend the privileges of the heir at law to litigate with creditors…
2Cases cited16 opinions
- Lewis v. United StatesSupreme Court of the United States · 1876
- Watkins v. Lessee of HolmanSupreme Court of the United States · 1842
- Case v. BeauregardSupreme Court of the United States · 1879
- Fitzpatrick v. FlannaganSupreme Court of the United States · 1882
- Allen v. WithrowSupreme Court of the United States · 1884
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3Cited by2 opinions
- In re the Estate of SauerNew York Surrogate's Court · 1915
- Harrington v. JohnsonWashington Supreme Court · 1895