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FAIRFAX'S EX'R v. FAIRFAX

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9 U.S. 19 (1809)

5 Cranch 19

3 L.Ed. 24

FAIRFAX'S EXECUTOR, v. ANN FAIRFAX.

Supreme Court of United States.

February 21, 1809.

Attorney(s) appearing for the Case

Swann, for the plaintiff in error.

E.J. Lee, contra.

MARSHALL, Ch. J. delivered the opinion of the court to the following effect:

The verdict ought to have found the amount of the assets in the hands of the defendant to be administered.

The cases cited to show that the judgment must be for the whole sum, if the verdict find any assets, have been overruled. This is declared by Lord Mansfield, in a case cited in Gwillim's edition of Bdc. Abr. and the...

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