Open main menu

Page:United States Reports, Volume 2.djvu/196

This page needs to be proofread.

rp Call! flied and in the 1791. the lands mortgaged ; and that the relidue of the ellate lhould {rw`! bedifcharged. After argument feveral times, the Court now delivered their opinion as follows: Br rmt Conx·r:—We ? of opingitn that all the celaatrgc whichweretheproperty uu: ‘Cwuu:ug,de , (upon which we nmderftand the Zherif has alreadylylevied) {hall contribure, accordingto the value of feveral trade, to $y of and difcharge thedebt, intereli, and coils in this a&ion. e conlider realproperty in Pmrjjlwmh as adets for the {payment of debts ; and it is always, in cafe ofthe deiiciencyo perfonal property, to be applied tc difcharge fuch debts. It doesnot appear from the Will of jams M’C¢nnugby that her intention was, that Mrs. Darlington lhould take the land devifed to her um: mer:. · It is, however, equall fubjeéted to the payment of a proportion of the debt with the otlier lands of gmc: 1l1*Cwmaugl»_y,remaining l undifpofed of. Mrs. Darfqstm " ' as a lgciic devifee ; the reliduary legatces cannot betonlidered as fu . To charge the lands devifed to them with a rateable part of the debts, would fl • not difappoint the true intention of either of the Wills ; hut to. _ . charge the lands devifesito Mrs. Duliugmn would evidently ‘ produce that ei&£t. ·Wc are, therefore, of opinion, that all the real eltate of . yamer M *Cmmugby lhould rateably contribute. BRADFORD,`_7#lf¢, having been or connfel in this eaukg took no part in its dccilion. WAutt—:n’s Appeak NGERSOLL moved for the confirmation of the decree of g the 0rphans’ Court of Northumberland, given the 26th arab, r 792, from which (as gygpeared by :· certificate he pro- duced) an appeal had been en. ._ But The Court, Ending g that there was no copy of the proceedings lodged with the pro·

rlvomtary, refufed to receive the motion 
And by

S1-m=1>zm, _‘}'1_g£'i¢c :—-The regular method of bringing up the · record is by cmiarari ; and nothing elfe can {tay the proceed-. ings below. Smznrnrus wrfw Gum. ` I HIS was an a&ion of debt on a bond, dated the t th E W 52%-T Mar¢·b, 1787. The bond recited that the obligee, Pixul W: 2/é`{$l·vr:aU::z, had given a letter of attorney to the obligor, Martin Gun}, to recover a legacy due to him in Gwmzwy ; anld the common