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![handle is hein.slavery/ussccases0034 and id is 1 raw text is: FEBRUARY, 1805.
TSLFAIR
.ELFAIR et al EXECUTORS OF RAE & SOM- v.
MERVILLE, v. STEAD'S EXECUTORS. Exxcu-o, s.
THIS was a writ of error to reverse a decree in chance- Thelandsof a
ry of the circuit court for the district of Georgia, render- deceased debt.
ed in favour of the defendants in error. or, in Geor-
gia, are liable
in equity for
The bill alleges that c.n ]Rae and Yohn Sommerville, as thepaymentof
copartners in merchandize were, on the first day of Janua- his debts with-
cr ners5, inebterdi eee, on Brtisheir dy oe snum. out making the
ry 1775, indebted to Stead, a British creditor in the sum heir a party to
of £3864 sterling, on account. the suit.
That Rae and Sommerv;lle in their life time made a divi-
sion of their supposed profits in trade, and drew out con-
siderable proportions of the partnership-funds, which they
ought not to have done before payment of their debts, and
that eacl invested part of those funds in the purchase of
lands and negroes as their own separate property.
That Rae died in 1772 or 1773, intestate, and that Soam-'
merville the surviving partner died in 1773, having made
Edward Teifalr his executor, and having a large real and
personal estate.
That the said _ohn Sommerville, Samuel Elbert, and Ro-
bert Rae, administered upon the estate of !fohn Rae. That
a considerable part of his personal estate was purchased
with monies, improperly .drhwn out of the joint funds.-
That he left personal estate to the amount of £ 9014 5 0
sterling which came to their hands. That the said adminis-
trators of Rae are all dead. That Te/fair as executor of
Sommerville, who was administator of Rae, became posses-
sed of a considerable part of his estate, part of which had
been purchased with the joint funds. That on the dtath
of Robert Rae, his wife Rebecca, now wife of Samuel Earn-
mond, claiming as executrix of Robert Rae, became pos-
sessed of a considerable part of the estate of .ohn Rae,
senior, which had been purchased with the joint funds.
That on the death of Samuel B/bert, the last surviving ad-
ministrator of Robert Rae, Elbert's executors, viz. Eli-
zabeth Blbert, William Stefihens and 7oseph I-abersham,
also became possessed of part of the estate of .fohn Rae,
senior, which had been purchased with the joint funds.
That Habersham, as legatee of _7ane Sommerville, daugh](ViewImageLocal?handle=hein.slavery/ussccases0034&div=1&collection=&method=preview&ext=.png&size=3)