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WEST v. SMITH ET AL.

49 U.S. 402 (1850)

8 How. 402

JOHN WEST, APPELLANT, v. JOSEPH SMITH AND ELLEN, HIS WIFE.

Supreme Court of United States.

Attorney(s) appearing for the Case

The cause was argued by Mr. Jones, for the appellant, and Mr. Neale and Mr. Davis, for the appellees.

Mr. Neale, for defendants in error.

Mr. Justice WOODBURY delivered the opinion of the court.

The original proceeding in this case was a bill in chancery instituted in September, 1839, in the Circuit Court for the District of Columbia, sitting for the County of Alexandria. The object was to recover a legacy of $ 3,000, bequeathed by Joseph Mandeville, in 1837, to Ellen Mandeville, now the wife of Smith.

William C. Gardner, the executor, took upon himself...

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