A Treatise On Fraudulent Conveyances And Creditors' Bills

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&. II. 730; Adams Eq. 257; Story's Eq. Plead. 99-102. By statute in New York heirs of an intestate who have inherited I md must, in certain cases, be sued jointly, and not separately, for a debt due from the deceased. Krllog v. Olmstead, li How. Pr. (N. Y. I487. See Selover v. Cor, 03 N. Y. 438.
8 See ?? 128, 129.
§ 136 HEIRS AND I EGA fEES.
the form of the action, the debtor being a necessary party in a creditor's action, 1 but not in a suit in equity to remove a fraudulent cloud. 2 Where this
... distinction is recognized, it might be extended to cover the cases of personal representatives and heirs. The United States Supreme Court leans to the view that in a suit to chai real estate with the payment of a debt, the heirs and devisees should be made parties to the bill. 3 In a creditors' bill under which an executor had been removed from office, the Supreme Court of South Carolina held that the legatees were necessary parties, and that the receiver appointed in the place of the deposed executor did not represent them.

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