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18 Johns. 428

Pelletreau v. Rathbone

New York Supreme Court

Decided January 15, 1821

New York Supreme Court · decided 1821-01-15

THESE were actions of debt for legacies, brought in October, 1816, to recover legacies charged on land, by the w'^ Medcef Eden, deceased, against the terre-tenants of the land, of which the testator died seised; and tried at the . , 7 ; Mew-York Sittings, in October, 1819, before Mr. Justice WoodwortlU All the defendants (twenty-four in number) were relurn-ed, summoned, and declared against jointly.

Cited by 1 later decisions — most recently March 1887

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1821-01-15

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¶1The counsel for the plaintiff having stated the case, and the points, The Court said, that they did not wish to hear any arguments. That the question was clearly settled, that, no action could be maintained at law for a legacy, and that the defendants were entitled to judgment.(a)

¶2Judgment for the defendants.

¶3 The following authorities were noted by the counsel: For the defendants: Dicks v. Strutt, 5 Term Rep. 690. Beecher v. Beecher, 7 Johns Rep. 99. Livingston v Executors of Livingston, 3 Johns. Rep 189. Van Orden v. Van Orden, 10 Johns. Rep. 30. 2 Woodeson, 478. Hobart, 265. Webb v. Jiggs, 4 Maule & Selwyn's Rep. 113. 2 Salk. 215. note by Evans, as to the dictum of Lord Holt, in 6 Mod. 26. 1 Tidd’s Pr. 632. 1 Wils. 89. 1 Chitty Pl. 32, 33. 3 Esp. N. P. Rep. 76.

¶4For the plaintiffs : 6 Mod. 26. Anon. per Holt, Ch. J. 4 Burr. 2381. 3 Com. Dig. Debt, (A.) Cowp 291. 2 Johns. Rep, 243. 3 Johns. Rep. 189.

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