Telfair v. Stead's Executors

Decided February 15, 1805

Supreme Court of the United States · decided 1805-02-15

This was a writ of error to reverse a decree in chancery of the Circuit Court for the district of Georgia, rendered in favor of the defendants in error The bill alleged that John Rae and John Sommerville, as copartners in merchandise, were, on the first day of January l'/'75, indebted to Stead, a British creditor, in the sum of 3864?. sterling, on account.

Cited by 3 later decisions — most recently April 1917

2 federal appellate · 1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1805-02-15

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Marshall, Ch. J.

¶1— The only doubt which the court had, was, whether,, by the laws of Georgia, the land could be made liable, unless the heir was-a party to the suit. We have received information as to the construction, given by the courts of Georgia, to the statute of 5 Geo. II., making lands in the colonies liable for debts, and are satisfied, that they are considered as-chargeable, without making the heir a party.

¶2Decrees affirmed.1

¶3 For a further decision on the tax-title of Elizabeth Course, see 4 Cr. 403.