Hamilton v. . Jones , 11 F. Cas. 345 ( 1803 )

MARSHALL, Circuit Justice.

The seller impliedly gave power to the vendee to plead such pleas in his name as were necessary for the defense of the land; and should a plea he now put in by Arrington in the name of the vendor, I would not consent to strike it out.

Whereupon Arrington put in the plea of personal assets in the hands of the executor, enough to satisfy the judgment. And he put in the name of the vendor in open court