Page:Federal Reporter, 1st Series, Volume 1.djvu/282

 274 FBBBBaL BSFOBTEB. �within the adjudicated cases, and the assignee is entitled to the sum claimed, as misappropriaied. 16 B. E. 425 ; Id. 181 ; 5 Otto, 3; T Otto, 304. �A decree will be entered as prayed for, unless within 30 days the defendants, or either of them, pay over $624 to assignee. The costs will be divided. ���Chapmak, Executer, etc., v. Bobbb, Administrator, etc., and �otbers.* �{CîreuU Court, D. Minnesota. February, 1880,) �JtTRISblCTIOK — CONCTJURENT JuBIBDICTIOÎT OP THE CiRCUIT AND PBO- �BATB Courts— Patne v. Hook, 7 Wall. 426, Followed.— In a suit against the administrator of an executer, by the citizens of another state, to enforce the payment of a judgment obtained against the decedent in such State, durlng his lifetime, and subaequently aued upon in the circuit court for the district of Minnesota, and judgment obtained thereon against the executer of the decedent, such circuit court has con- current jurisdiction with the probate court of the state of Minnesota in which the wills of the decedont and the deceased ezecutor have both been probated. �Demurrer to bill of com.plaint. �H. J. Hom and I. F. D. Hecvrd, for complainant. �Gilman e Clough, for defendants. �Nelson, J. This is a demurrer to a bill in equity filed by the complainant George M. Chapman, executor, etc., a citizen of the state of New York, against the defendants Felix A. Borer, administrator of the estate of John Gordon, deceased, Edson E. Smith, executor of the estate of George D. Snow, deceased, and others, citizens of the state of Minnesota. �The bill seeks to enforce the payment of a judgment obtained against John Gordon, in the state of New York, dur- ing his life-time, subsequently sued upon in this court, and a judgment obtained against George D. Snow, his executor, now deceased, to be paid out of assets in his hands. Legatees, residuary and other\(ise, are made parties defendant. �•See Levi r. CoÏMWôto /w«. Oo., ante, 206. ��� �