Majority
p. 1110In re ROBERTS. In the matter of the application of John R. Roberts, a creditor, for an order directing the disposition of real property of Abby A. Parsons, deceased, to pay debts. (Supreme Court, Appellate Division, Fourth Department March 4, 1914.)
Decree of Surrogate’s Court affirmed, with costs. Held that, assuming appellants to have an equitable right to require the joint property of the makers of the claimant’s note to be first applied toward the payment of the joint debt of the makers of the note before resort is had to the individual property of the joint makers, still such relief can onty be had in a court having equitable jurisdiction. This the Surrogate did not have. Appellants’ remedy, if any, is by an equitable action.
ROBSON, J., not sitting.