General

James Phelps against Abigail Ellsworth, Widow, and Martin Ellsworth and others, Heirs of the late Oliver Ellsworth, Esq

3 Day 144·United States Circuit Court for the District of Connecticut·1808

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Opinion

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. [MAJORITY — By the Court,] By the Court, unanimously. The plea in abatement is sufficient. Writ of error abated.