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Chappedelaine, Residuary Legatee, and Closrivierre, Adm'r d bonis non, against Dechenaux, Executor of Dumoussay, Defendant U.S. 306 (1808)

handle is hein.slavery/ussccases0023 and id is 1 raw text is: SUPREME COURT U. S. CHAPPEDELAINE, Residuary Legitee,') Of CliArPauw AND >. LAtNE CLOSRIVIERRE, Adm'r de boijs non,. Complainants) against DECHIENAUX, Executor of Dum IosSAY, Defendant. If ani account ERROR to the circuit court for the district of Geor- stated beplea- gia, in a suit in equity, ded in bar to a bill in .equi- ty, such plea The bill states that the complainants' testator and the wvill be sus- defendant's testator, together with three others, viz. tained, except Boisfeillet, Du Bi gnon, and GrandClosmesle, became joint SO far as the complainant purchasers of the islands of Sapelo, Blackbeard, 7eAV111 shall show it and ha/f of St. Catharine, on the coast of Georgia; to be errone- that Dumoussay was the actiihg partner, and kept all th, arts accounts, &c. That an account was stated and Vigned by' the two testators, Chappedelaine and Dtmoussay, on the, 30th of April, 1792, by which the former ac- knowledged a balance of 6671. 10s. 1 3-4d. due to the latter ; but that the account was erroneous in sundry items particularly set forth in the bill ; that there were sundry debits which had accrued since that settlement, and that Chappedelaine had been olliged by a suit in equity to refund to Boisfeillet a large sum which Durnoussay bad overcharged him. That Dechenaux was the executor of the estate of Chappedelaine as well as of Dumoussay, and as executor of Chappedelaine had defended the suit of Boisfeillet. The bill con- tains a prayer that the defendant may account touch- ing all monies due on rectifying the errors ; and for all other sums due by Dumoussay in his life-time, not credited nor accounted for, or which have come to the hands of the defendant, and that he pay over sfich ba. lance as shall appear on settlement of all accounts, and for general relief. The defendant pleaded the settled account in bar of so much of the'bill as sought to open the account, and by answer denied all fraud and error. CqAPPZDE- LAINE ANlD ANOTHER V. DECHENAUX.

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