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BACKHOUSE AND OTHERS v. PATTON AND OTHERS

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30 U.S. 160 (1831)

5 Pet. 160

8 L.Ed. 82

JOHN BACKHOUSE, SURVIVING ADMINISTRATOR DE BONIS NON OF JOHN BACKHOUSE DECEASED, JAMES HUNTER AND MARTHA HUNTER, AND JAMES HUNTER OF JOHN, M. GARNETT, EXECUTORS OF MUSCOE G. HUNTER, ARCHIBALD HUNTER, AND ADAM HUNTER, GEORGE W. SPOTSWOOD AND WILLIAM L. SPOTSWOOD, EXECUTORS OF ALEXANDER SPOTSWOOD, AND MARGARET JONES, EXECUTRIX OF GABRIEL JONES, WHO WAS EXECUTOR OF THOMAS LORD FAIRFAX, vs. ROBERT PATTON, ADMINISTRATOR DE BONIS NON CUM TESTAMENTO ANNEXO OF JAMES HUNTER, DECEASED, JOSEPH ENNEVER, ADMINISTRATOR OF ADAM HUNTER DECEASED, JAMES HUNTER, SON OF JOHN HUNTER, DECEASED, WHO WAS HEIR OF ADAM HUNTER, ROBERT DUNBAR, THE SAID ROBERT DUNBAR, ADMINISTRATOR OF ALEXANDER VASS, JOHN STRODE, ROBERT RANDOLPH, EXECUTOR OF WILLIAM FITZHUGH, DECEASED, HUGH MERCER AND ROBERT HENING.

Supreme Court of United States.

January 14, 1831.

January 26, 1831.

Attorney(s) appearing for the Case

Mr. Haynes, for the complainants, argued.

Mr. Patton, on the part of the representatives and sureties, read the argument of Mr Chapman Johnson.

Mr Justice M'LEAN delivered the opinion of the Court.

This cause is brought before the court on a certificate of a division of opinion, in the circuit court of the United States, for the eastern district of Virginia. The question presented for decision relates to the application of certain payments made by Patton, one of the defendants. The facts in the case are, substantially, as follows.

James Hunter, by his last...

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