
    
      James Smith et al. v. Robert G. Ballantyne et al. adm’rs &c.
    
    Creditor’s bill against the representative of a deceased defendant.
    J. A. Hughson and A. Taber, for complainants;
    T. H. Wheeler and R. W. Peckham, for defendents.
   Appeal from a decretal order- overruling the demurrer of the defendants, and directing them to pay the complainants judgment. The court decided in this case that where a suit

Facts necessary to be stated in.

at law is commenced against two defendants, one of whom dies before the trial; after which judgment is obtained against the survivor and an execution issued against him, and returned unsatisfied, the plaintiffs in such suit, upon a bill filed here, showing the existence of a joint debt against the two defendants at the time of the death of the decedent, and that the survivor has no property, may claim payment of the judgment out of the property of the decedent, whether the debt was a partnership debt, or a joint indebtedness of any other description.

But that to entitle the complainants in such a suit to any relief against the estate of the decedent, their bill must state a joint indebtedness by the defendants in the suit at law, and the nature and particulars thereof, in the same manner as if no suit had ever been commenced thereon : to enable the persons representing the estate of the decedent in this court to make a proper defence if they have any.

Decree appealed from reversed with costs, and demurrer allowed. Complainants to pay costs and amend bill in sixty days, or bill to be dismissed.  