Smith v. Heirs, Devisees & Legatees of Caswell

JohnctQTi, Judge,
decided, that notwithstanding these objections, the bill in equity wiil be —and decreed for the complainant. He raid, it is suiffcieut for the plaintiff that his execution was. returned — -i-nothsng to be found, lie. need make no further, proof. Possibly he might sue the heir open the bond. He imla-iu, perhaps, by proceeding against the repiesentatives of the ■w* sting executor, recover 5 btit he would meet with great difficulties in that way, if not be finally defeated: And why take, that course, when there is one more near and plain than the-one he has taken. There can be no doubt but that this, court han ■jurisdiction over the cause. The will directs the executors to. sell the lauds for the payment of debts; It is a trust in them, and this comí is properly called on to enforce the executioa, tlnueojU