Davis v. Duke. ( 1802 )

Johnston, Judge.

What is meant by heir at the common law, in the case cited, is heir by the general law of the country, and not by the special laws of a particular place. The act of distributions is not repealed, and every person who is heir, is entitled to the benefit of it; and is not obliged to account for the lands settled on him by his parents : Therefore allow the exception. As to the exception which states that the defendant purchased for the widow * fleets at the sale of the deceased, she is a debtor to him for the amount, and he has a right to deduct that amount, from her share, altho’ the conveyance to the plaintiff of half her share preceded the purchase.