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Page:United States Reports, Volume 2.djvu/54

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48 Cm.: ruled and adjudged in the .179o. fcionable aélofooercion, voidof an legal foundation. The VV` originally given by Willing L' Mani: had uoxtllible » relation to the legacy; norcanitfairlybc-prefumed tthe` fu twaamadeonaceount ofthat fund; for, itis thatabalance.ofl[.a76il1ot:la'.beadvaneed inconliderationofalegacyamonnungtonomorethlapitll`. 13:; Thequeftion, therefore, may reafonablyand 'uitly on ' - ground, that IVll&rg U Mark, fenlibleoftlre hardlhi that wouldbe doneby duetoG. Englir, and afc&edby thediltreilesoftbebtotheroftheirlateparuier, freely paid the money, without relying on any other pigme- . ments furthe payment oftheir debt:while if orde, doubtful of the refouroesof G. Inglis-, foldtheirgoodatohim `onthecreditofthelegacy alone; and underthefecircumlian- pea the claim ofthe lattermuli: in lawandequitybe pre- erred. For Willing b'd{l•rri:,who wezehcthe real ts, it was contended, that oifertoallign legacy, payment of the commillion• (from whichlatter .circ'umRanceanacceptanceoftlteoil*`er wasinferre:2 amount- edto a compleat contraét. The reimbutfement Mr. Coxe was clearly noevalion of that`oon¤a& ; but mergyan acknow- ledgment of family obligation, accompanied with a de- claration more ihonldbepaid onaccountof the le . Wherever poliiellion accordin to an a t,

 {hall be oonhderqlcs to be exgcuted, alxugh no

papershavepadedbetween theparties. r Vera. 363. andindeed the general rule is, that whatever, for a valuable eonlideration, . iscovenanted to be done, lhall, in equi%_be looked upon aa done. 3. P. Wm:. arg. 1.P. Wm. 277. But rlling E9TMon—i:,be- {idea the concluiion from thefe authorities, as the furviving part- ner: of S. Inglir, might reafonably prefume, thatno formal allign- ment was neceilinry, lincethe perfonal eltate of the teftator was in- volved in the joint {lock of the company; and when they paid the oommiflions, they acquired, qijbjbflo, a right to retain the legacy that had been offered as an inducement for that pay- ment. Nor is there a want of that notice, which will fatisfy the law upon this ocealion. Mr. Case, the Brit allignee, was apprifed in the very of the tranfaélion, that there would be fome dilliculty in obtainingothe legacy; and the executor, to whom he applied, declared, that no more than the amount of Mr. Coxia ' debt would be paid. If notice, therefore, was necelfary, it ia decided, that notice to a iirll: purchafer is binding upon allwho _ · follow him. 2 Atl. 242. — But, it is certain, that whoever gets the verdi&, an innocent perfon will fufer. The only queltion, therefore, is, whofe right ` . II