Wikoff v. Duncan's Heirs

It appears by the record, that this action was commenced to obtain a forced surrender of the property belonging to the ancestor of the defendants; and that the judge directed a meeting of the creditors on no other evidence but the oath of the plaintiffs.

We had occasion to examine this question in the suit of Ward vs. Brandt & al, 9 Martin, 625, and after an elaborate argument, and mature reflection, a majority of this court thought that the oath alone of the party ap*668plying for this remedy, was not sufficient to authorise the judge to grant it.

I am still of the same opinion for the reasons…