1330

Case No. 11,423.

PRIME v. McREA.

[1 Cranch, C. C. 294.]1

Circuit Court, District of Columbia.

March Term, 1806.

DEBTOR'S LANDS—SALE OF MOIETY.

By the laws of Virginia, in 1801, a court of equity could decree a sale of one moiety of the fee-simple of the debtor's lands in the hands of the heir at law.

The bill states that the plaintiff recovered judgment in Virginia, against Robert McRea and Mease, for——dollars, and received part from the estate of Mease. That McRea left certain real estate, which he prays may be sold to pay the balance of the debt.

Upon consideration of the cases of Robinson v. Tonge, 3 P. Wms. 398, and Stileman v. Ashdown, 2 Atk. 608, THE COURT decreed that half the rents and half the real estate should be sold.

[See Case No. 11,422.]

1 [Reported by Hon. William Cranch, Chief Judge.]

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