2 U.S. 257 (____)

2 Dall. 257

WALKER versus DILWORTH, et al.

Supreme Court of United States.

Attorney(s) appearing for the Case

The counsel for the defendants, Lewis, demurred to the declaration upon this ground, that a tenant by the curtesy cannot maintain the writ of partition; and the demurrer was opposed by Wells.

BY THE COURT: — Great doubt and difficulty have arisen in this case, from the force of the arguments used by the counsel for the defendants. As, therefore, the object of the plaintiff may be safely and effectually attained by a compromise, in which the defendants declare themselves ready to unite, we with to avoid an immediate decision of the point of law, that has been agitated.

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