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Penelope McGill, Plaintiff in error, v. Josephine H. Armour U.S. 142 (1851)

handle is hein.slavery/ussccases0260 and id is 1 raw text is: 142 SUPREME COURT. McGill v. Armour. For the reasons stated, it is ordered that the decree dismiss- ing the bill be reversed, and that the cause be remanded to the Circuit Court, there to be proceeded in according to this opinion. Order. This cause came on to be beard on the transcript of the rec- ord from the Circuit Court of the United States for the District of Louisiana, and was a-gued by counsel. Oh consideration whereof, it is now here ordered, adjudged, and decreed by this cour, that the decree of the said Circuit Court in this cause be, and the same is hereby, reversed, with costs, and that this cause be, and the same is hereby, remanded to the said Circuit Court, for further proceedings to be had therein, in conformity to the opinion of this court. PENELOPE MCGILL, PLAINTIFF IN ERROR, V. JoSEPHINE H. AumouR. Where a creditor brought an action against an executrix in the Circuit Court of the United States for Louisiana, and the petition only averred that the petitioner was shown to be a creditor by the accounts in the State court which bad jurisdiction over the estates of deceased persons, and then proceeded to charge the executrix with a devastavit, and exceptions were taken to the petition as insufficient, these exceptions must be sustained. The petition should have gone on to allege farther proceedings in the Itate court analogous to a judgment at common law, as a foundation of a claim for a judg- ment against the executrix de bonis propriis suggesting a devastavit. The laws of Louisiana provide for compelling go executrix to file a tableau of dis- tribution, which is a necesgary and preliminary step towards holding the executrix personally responsible. The petition, not having averred this, was defective, and the exceptions must be sustained. THIS case was brought .up, by writ ot error, from the Circuit Court of the -United States for the District of Louisiana. As the decision turned upon a question of pleading, it is proper to insert the petition, and. the exceptions which were taken to it, by way of demurrer. The petition was as follows. To the Honorable the Judges ,of the Circuit Court 'of the United States, held in and for the District of Louisiana, the petition of Penelope McGill respectfully shows: That she is a resident and citizen of the State of Missis- sippi. That Josephine Hurd Armour is a citizen of the State of Louisiana, resident in New Orleans.

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