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HARPER v. BUTLER

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27 U.S. 239 (1829)

2 Pet. 239

7 L.Ed. 410

J. HARPER, PLAINTIFF IN ERROR, vs. ANTHONY BUTLER, DEFENDANT IN ERROR.

Supreme Court of United States.

March 2, 1829.

Attorney(s) appearing for the Case

Mr Jones, for the plaintiff.

Mr Chief Justice MARSHALL delivered the opinion of the Court.

This is an action of debt brought by the plaintiff in error, in the court of the United States for the district of Mississippi, as the assignee of Henry Clay, executor of James Morrison deceased. The defendant pleaded in abatement, that the will of James Morrison had not been proved or recorded in the state of Mississippi, nor had letters testamentary therein been...

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