Majority
p. 457LEVIN LANK vs. KINDER & HORSEY, executors of Horsey. who was also a
Headnote
One of several executors may enter into an amicable action and submit to arbitration so as to bind the estate.Rule to show cause why an award should not be set aside.
Nathaniel Horsey, together with Owens Kinder, were administrators of Josiah C. Horsey, deceased; and Kinder entered into an amicable action with Levin Lank, at the suit of said Lank vs. Kinder and Horsey, as administrators of Josiah Horsey, and the arbitrators reported a sum due to plaintiff of $63.
On which Wootten, for the administrator, Horsey,
p. 458creditor, obtained a rule to show cause why the award should not be set aside, as the submission was without his authority. showed cause and cited (Wms. Ex’rs. 620-1.) Co-executors are regarded as one, and the act of one binds all, &c. (2 Leigh's N. P. 981.)
McFee, for plaintiff.
Wootten, for defendant.
McFee
Rule discharged.