The Suit is to discover the Estate of Richard Alexander deceased, which is come to the Defendant’s hands, to satisfy a Debt of andpound;300 due to the Plaintiff from the said Richard Alexander.
The Defendant insisted, That the Plaintiff ought not to have ReIief in this Court, in regard the Assets in the Defendant’s hands were legal Assets, and nothing appeared, but that the Plaintiff had her proper Remedy at Law, having not proved any Thing more to be in the defendant’s hands than was confessed in the Defendant’s Answer.
But the Plaintiff insisted, That this Court hath directed Accounts in Cases of this nature to avoid Circuity of Action, and further Charge and Trouble of Suits ; and that this Court being possess’d of the Cause, and the Parties at Issue on Proofs, the same was as proper for this Court, as at Common Law.
This Court ordered Precedents to be searched, where this Court hath directed Accounts and given Relief in this Case, and the Cause coming to be heard on the Precedents and Merits thereof, and the Plaintiffs insisted, that there is sufficient Assets of the said Richard Alexander come to the Defendant’s hands, to satisfy the Plaintiffs Debt with Overplus.
This Court decreed the Defendant to come to an Account for the Estate of one Blackhall, unadministered.
Citations:
[1669] EngR 8, (1669-70) 2 Rep Ch 37, (1669) 21 ER 609 (C)
Links:
Wills and Probate
Updated: 12 April 2022; Ref: scu.406848
