Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-09-13
saunaers VS.. Wilder and odisrs.

Fhe bill was dnssed on demurrer The substance Of he bill
that testsor, r S. Saunders died The ~
eapt business had been conducted BY and J. A.
in co partnership uDdr the r Of Saunders Pieesi thai
% sevsrally ecsyere sgsnst tbs surviving part
ner Jointly, for Ahout the Of $780, that executions upon
the property e testsor his deah and were the
property Of the legstees under his wiz
The further charges the asetS OF the hrm have EOi
exhausted; aud that than sufficient remain to dis
charge said paymsns and si the liability OF The hIin
The ground OF equity assumed the bill is that the indi
viiuaI property of saunders OF his egaee IS
subject to t1e satisfaction OF sAi udSaeni 9n ser t
partnership effects exhausted And the prayer OF
the the sale Of the said slaves shall be enoinsd and
the creditors restrained from preceding against the
property deceased partners estate, at least until after
The arm assets shall have been exhausted
partner and the under the will Of the dec Ased partner
Tie b Is extremely defective tits framed upon an erro
conception Of the rights Of the parties, and passes BY tie
only DO If equity thai could be mse the acts stated
II = true tht by the common upon the death par.
ne legal remeoies sganst them in respect Of parntr.p
and disabilities fStngahed. Ire partnership
ors cannot sue his personal representative and have
remedy except against the surviving for their debts But
equity, according 10 the mo iern ecss In
equity psTtnerS debts looked upun as joint snd several
Iase and consequently, the JoInt creditors have in all
either proceed at law against the survivor
or in equity 4ns Of the deceased partner and this
is So whether or rot survivor insolent tanrup
the joint creditors not required to wait unG ne
pstnehp affairs are wouud up and adjustment thereof
contract in equity against the SepArsts estate OF the ces
p1rtners leaving it to the representative ssd part
neT aad the survivor adjust the partnerh be
tween themselves Story on Partnersp Sec 80! lAylue and
geen,s-2,
Thecomuon law doctrine upon this saect however mod
idd by the Act Of 1889 ch 81 D. BY aat statute all o5
legations assumptions Of decla ed 10 be joint
raj snd survive against the personal pes nye o
the deceased partner well the suv wing
The effect Of this enactment Is to give The Joint
remedies R against the estate OF the oecea
partnsr which they en ued TO in equity They NAV pro
cei to obtain against the survivor the representa-
Of the deceased partner jointly al hsF election @
either separately they procs TO enforce satisfaction
against either And this neither complain If the rep
resenative OF the deces partner subjected 90 the payment
o hr debts, he call the surviving parI ef 10 I'M
him Of the joint fund, upon us;melt CT the
partnership accounts balance shall e found IN ms o ano
So il the surviving Eubecte beyond his Just
proportion may require the representative the dsoesed
psrtnsr contribute. But neither e'n require JOINT cItoI
t. wait for al ustment Of the partnership eeopns
Thus there equity In the hill But has teen re
peatedy ed by this Court that since the Of he
act Of 1871 6l The title to slaves does no as formerly pass
the personal ntares but vests dFectD In the d
agaees the be subject however 10 be
made liable for Of the ssats y the
Savage Hall 0Oggn, snsei S65i Elliott vs.
In the former case tits laid down, slaves passed
rbutees iEe lands to tie heirs From this
Of necessity results that the slaves cannot be seized and sold
on an sxec 0n at against the personal representative
equally ell settled that in proceeding to subject slaves
satisfaction Of the debts Of the Bate the personal
sentative pursue The Act OF lh2 Aud although the
does not in extend to the dors, yet think that
upon an equitable construction Of the statute the cred to- Il
present might proceed subject the slaves to the salts
/ faction Of their debts
But in doing So they must make the dsbu legatess
og her With the personal representative pertes to such
eeng In aspect Of the however, the bill cannot
maintained in its present shape.
As bill mercy epo the sale Of the slaves upon
the the legal title isVesed, Oug
to have been ars proceeding by the personal repre-
sentative SUBJECT the slaves 10 the debt, the lg
| tees likewise necessary parties,
The decree alleging the demurrer must therefore he affirmed
will Be remsnded with leave make all such aneud
ments, may be prof. 81 AID necessary, MCKINNEY.
! Test: h, d. WEIGH CleTs.