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HENDERSON v. WADSWORTH

115 U.S. 264 (1885)

HENDERSON, Executor, v. WADSWORTH. HOWARD L. HENDERSON v. SAME. WILLIAM H. HENDERSON v. SAME. WARREN N. HENDERSON v. SAME. McCARTHY & Another v. SAME.

Supreme Court of United States.

Decided November 2, 1885.

Attorney(s) appearing for the Case

Mr. Walter Evans and Mr. Thomas L. Bayne for plaintiffs in error.

Mr. Augustus E. Willson, Mr. Charles B. Wilby, and Mr. Gustavus H. Wald for defendant in error.

MR. JUSTICE WOODS delivered the opinion of the court. After stating the facts in the language above reported, he continued:

We think the motion to dismiss the writs of error must prevail.

The obligation upon which the suit against the heirs of William Henderson was founded was based, not on the note made by him, but upon the fact that they had, without inventory, taken possession of the property of the succession...

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