Stewart v. Scudder

The plaintiff is the executor of the will of James MaOalop, whose succession is a large creditor of John B. Scudder. The defendants are John B. Scudder and his wife, T. J. Bird and Lminia his wife, and Gilbert M. Thomas, a minor ; Lminia and Thomas being the children of Mrs. Scudder by a former marriage.

The Citizens’ Bank had seized Scudder’s property mortgaged to it; Mrs. Scudder and Mrs. Bird had also levied executions upon it; and on the eve of the sale this suit was instituted. The plaintiff, not disputing the Bank’s mortgage and right to sell, asserts a right to be paid out of the…