Page:United States Reports, Volume 2.djvu/229

. Bimmm Cotmr or Pmwleania. az; { ‘ ‘ i _ ` ¤:9§· i . ¤  é . ytlfllldfj Tffm, 'I  y -  .‘ - _ I.1.orn’s Leifee, veyu Tauoit. _ HE quefiion, in this cafe, arofe upon a devife, that after 5 · the death of the Teltatofs wife, certain. lands {houhl be li 2, fold, and the moncy divided among children; but the _Will . did not declare by whom the {ale {hould be made. The land . was fold, however, by the furvivor of two Executors; and it · was fubmitted for the opinion of the Court, whether that fale was good, the plaintiH·"s Counfel citing the tollowing authori- ties in fupport of it : Dyer. 37:. Hurd. 4r9. 1 Cl:. Ca. _ I79. 2 Lam. 220. Sbqb, 449. Sir.  _‘}*'0nu. 25. Savil. 72. 3 P. Wim. 92. I At}. 420. ‘ ' . · Br rm; Comrr :——It is a plain cafe. Let judgment be en- tered for the plaintiff . ` Rmwle for the plaintiffi Bang/bn for the defendant. ‘ HlTMl;HREY’S Leifee, vnfv: Htmmnms. . U T was adjudged, after argument in this cafe, that a veiled 3_-Y ‘ reniainder in tail may be taken in execution, and fold by ‘ /   . the Iheritii, _ [W, Wilewrlx and Thomas for the plaintiiil Rarwle, M. Levy, ` and J{*Kmn for the defendant. ` Y /¢> · · Jorcz wiyiu Sm:. . l HE defendzmt advertifed a {hip for freight tc zlhnleim. 65. The plaintiffihipped Hour on board; after which, and be orc the {hip failed,a third'perfon attached her for a debt du: to him from Pintmvl, the owner of the veflel, for whom the defendant afted as agent. The voyage was, by this nwans, bros rein up, and the pl:iintifl"s flour, being relandcd, was fold to a 0 •. It

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