
    R. H. Foote, one of the Executors of Thomas Whittington, v. William Noland.
    If a sealed note be given to E. H. 3?., one of the executors of Thomas Whittington, it is not necessary that all the executors should join in the action.
    Debt on a sealed note for $60, payable to R. H. Foote, one of the executors of Thomas Whitington.
    
      Mr. R. J. Brent, for the defendant,
    contended that it is to be presumed from the face of the note, that the money belonged to the estate of the testator ; and that there were other executors who ought to be joined as plaintiffs ; and prayed the Court to instruct the jury that the plaintiffs alone cannot recover ; but that all the executors ought to join whether they proved the will or not.
    
      Mr. Bradley, contra,
    
    cited Biddle v. Wilkins, 1 Peters, 686, 692.
   The Couet

(Thruston, J.

absent,) refused.

Verdict for plaintiff. New trial granted, because the verdict was against the evidence.  