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Stead's Executor's v. Course U.S. 403 (1808)

handle is hein.slavery/ussccases0026 and id is 1 raw text is: FEBRUARY, 18os.

instruction which the court in -Kentucky ought to have  RAISA.
given.                                                    V.
The opinion of the court was only that a parol gift to
the defendant, accompanied by possession, did not bar
the plaintiff's right to recover.
This court gives no opinion as to the title acquired by
the possession.
Judgment affirmed.
STEAD'S EXECUTORS v. COURSE.
Ex~cutions
C6unsc.
ERROR to the circuit court for the district of Geor- A collector,
gia, as a court of equity.                           selling  lnd
i, r  tales,
must act in
Stead's executors brought their bill in equity against consformity
Elizabeth Course, the widow, z. d Caroline Course, the with the law
infant daughter of Daniel Course,jdeceased, to set aside, as ofo  which
his power iq
fraudulent, a deed of land mad6 by Courvoisie, a collector derived, and
of taxes for Chatham county, to Daniel Course, and to the purchaser
charge the land for payment of a debt due from the late is bound ,o
firm of Rae and gomerville to the -complainan's testator, inquire -.he.
thee be has so
according to a former decree of the court. The bill acted.
charges the land as being still the estate of John Rae, de- Itis incum.
ceased, formerly one of the partner in the firm of Rae bent an the
ven-dee  to
and Somerville, and that all the joint funds were ex-. provq the au-
hausted.                                             thority to selL
By'the tax
There was no appearance for the defendant Caroline; laws of Gr-
gnfar 1790
but the defendant Elizabeth appeared, and pleaded, that and 1791, the
her late husband, Danicl Course, pur*chased the lrad collector was
fairly and bona ftide at public sale from the tax-gatherer, a,ahorised to
for the sum of 552 dollars and 89 cents, without notice on the defi-
of any claim, title or interest of the complainants in the ciency of per-
said land, if any they have. The plea avers that the son-l estate:
consideration money was paid to the tax-gatherer; that and then to
sell only so

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