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Page:United States Reports, Volume 2.djvu/137

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""' Sorazur Comer or Pmvfyfwnial tgt 179 r. VNAJ Fur wp: Leaver}. HE determination of this caufe tumed on the following ‘4.'W; point, which was fubmitted to theCourt, to wu ; whether goods, which, after being diitrained for rent, had been replevied, and delivered to the plaintilf in replevin, could be taken in ex- ecunon. _ BY ·1·1—1¤ Comrr :-This point has been already determined rn Pbzkdeysbia. 'I`he lien on the goods is difcharged by the fe- curity given to the {herilf; and as foon as they are delivered back to the plaintiff in replevin, they are open to execution, or a new diitrefs. ]udgment for the Plaintif£ NICHOLS verjiu Posrr.s·rnwn·r¤.j» CHN DAVIS feized of a traft of land, and having no. 4,3 perfonal eltate, bequeathed feveral peeunia? legacies to dife M $:2 ferent perfons, and ¢* all the reli and reiidue 0 his eltate real and peri`onal” he gave to his fon _7abn,Du·ui.r, whom he appoint- ed Executor, and who after the Teli:ator’s death entered into the { 3,S:j land. The plaintiff having obtaineda judgment agaihit the {ou, /4*gj the land was fold to fatisfy the judgment gand the queltionwas, ' whether the legacies were a charge upon the land, or not ?- ` /és-E Br ·r1-rs Couwr :—Itis clear that nothingis given to the re- /3. fiduary devifee, but what remains after payment of the legacies- 2,2 ` Thefe are a charge upon the te(tator’s real ellate. ' The money in the Sherill?s hands mult be iirlt applied to the 53. payment of thefe legacies, and the remainder mult go to the` plaintitii. _ Refevrees accordingly were appointed to afcertam the balance /215 due to the legatccs. R2, R1cU1= #11 . 5}% “ Decided at Cumlwlund, Mai Bias, before Sarrrsat and Bank Q, 2, anno, justices, in October, I79l• _ n 1f Decided at Cuntlwrland Niri Frius. LAL l /.r7 lp Y