Henderson v. Wadsworth
Supreme Court of the United States
IN eeeoe’to the ciecuit oouet of the united states for THE DISTRICT OF KENTUCKY. Mrs. H. Estelle Wadsworth, the defendant in error in these cases, was the plaintiff in the Circuit Court, where she brought a joint action at law against the several plaintiffs in error, and John Gf. Gaines and Stephen Z. Relf.
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IN eeeoe’to the ciecuit oouet of the united states for THE DISTRICT OF KENTUCKY. Mrs. H. Estelle Wadsworth, the defendant in error in these cases, was the plaintiff in the Circuit Court, where she brought a joint action at law against the several plaintiffs in error, and John Gf. Gaines and Stephen Z. Relf. The facts shown,by the record were as follow?.: ■On and long before the 8th day of November, 1860, William Henderson and the defendants John G„-Gaines and Stephen Z. Relf, were engaged in business as commercial partners in the city of New Orleans under the name of Henderson & Gaines, and…
1Opinion of the CourtJustice Woods
After stating the facts in the language above reported, he continued :
We think the motion to dismiss the writs of error must prevail.
The obligation upon which the suit against, the heirs of William Henderson was founded was based, not on the note made by him, but upon'the fact that they had, without inventory, taken possession of the property of the succession, and had thereby subjected themselves each to pay his proportionate share of the debts of the succession.
This is evident from the following articles of the Revised Civil Code of Louisiana of 1870:
“Art. 1422. The personal action which…
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