
    June, 1808.
    James Phelps against Abigail Ellsworth, Widow, and Martin Ellsworth and others, Heirs of the late Oliver Ellsworth, Esq.
    A-writ of er-brought by severáinly respondents to a bill in chan-eery, against eree'has* been passed; but all must join.
    ERROR to reverse a decree of the superior court, on a bill in which the Hon. Oliver Ellsworth was plain* and James Phelps and others, respondents.
    The defendants m error pleaded in abatement, that Chauncey Goodrich, Esther Eno, Hezekiah Eno and Elijah Griswold, were parties to the petition, decree and re- , , cord, complained of; and that this writ was brought by James Phelps only.
    The plaintiffs in error demurred.
    
      Goodrich, for the defendants in error.
    
      Ingersoll and Edwards, for plaintiff in error.
   By the Court,

unanimously. The plea in abatement is sufficient.

Writ of error abated.  