Milligan v. MilledgeAnnotate this Case
7 U.S. 220 (1805)
U.S. Supreme Court
Milligan v. Milledge, 7 U.S. 3 Cranch 220 220 (1805)
Milligan v. Milledge
7 U.S. (3 Cranch) 220
A plea in bar to a bill in chancery, denying only part of the material facts stated in the bill, is not good. A mere denial of facts is proper for an answer, but not for a plea.
The want of proper parties is not a good plea if the bill suggests that such parties are out of the jurisdiction of the court.
The want of proper parties is not sufficient ground for dismissing the bill.
In a proceeding by bill to sell lands for the payment of debts, where the heir is the proper party, it is not necessary to make the executor a party.
The object of the bill was to recover from the defendants, as legatees and devisees of George Galphin, deceased, a debt due by him to the complainant's intestate, as surviving partner of Clark & Milligan. The bill charges that Clark & Milligan were merchants in London; that Milligan survived Clark, and that the complainant is the administrator of Milligan, the survivor; that in the year 1770 they supplied George Galphin with goods; that in 1773 George Galphin requested them by letter to supply goods to his three sons, Thomas, George and John, his nephew David Holmes, and John Parkinson, under the firm of Galphin & Holmes; that on the credit of G. Galphin, the elder, they shipped goods, &c., to the said company.
That in 1776, G. Galphin, the elder, wrote to Clark & Milligan, to furnish goods to the said company at their store in Pensacola, and that he would see them paid; that relying on the said engagement, they shipped further goods to the said company at Pensacola, and on 31 December, 1780, G. Galphin, the elder, owed,
For himself . . . . . . . . . . . . . . . .
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