
    GENERAL COURT,
    MAY TERM, 1804.
    Lodge et al. vs. Murray’s Heir and Devisees.
    
      Indebitatus as-sumpsit for g«ods so»d and delivered, will notlie against th*' heir at law of a debtor wlvre the personal e tate is in^uineient for the payment of the debts of the deceased, and the heir has received by descent real estate move than adequate to their discharge
    Assumpsit for sundry matters properly chargeable in an account. The opinion of the court was taken on the following question; Whether a creditor can maintain an action of indebitatus assumpsit for goods sold and delivered, against the heirs at law of the debtor, where the personal estate is inadequate, to the discharge of the debts of the deceased, and where the heirs at iaw have lands by descent from the deceased sufficient to satisfy tiie claims against him? If the court should be of opinion that such an action can be maintained, then judgment' to be entered for the plaintiff-!. But if the court should be of a contrary opinion, then judgmeut to be entered for the defendants.
    
      W. Dorsey, for the Plaintiffs.
    
      Boyd, for the Defendants.
   Chase, Ch. J.

directed a judgment to fee saleros! for the defendants.  