Phillips v. Cannon

Citations

• 4 Del. Ch. 58

Syllabus

<p>The liability under a recognizance in the Orphans’ Court, for purchase money of intestate lands, sold under its order, is several as to each of the heirs whose shares are secured and not joint.</p> <p>Where a bill was filed to perpetuate testimony, respecting a recognizance in the Orphans’ Court, and all the heirs whose shares were secured were made defendants, it was a misjoinder, although the testimony sought to be perpetuated would apply to all alike.</p>