This is a Message Board Post that is gatewayed to this mailing list. Author: rebhud1 Surnames: LEATHERS, BREAM, MALONE, BIEGLER Classification: queries Message Board URL: http://boards.rootsweb.com/localities.northam.usa.states.pennsylvania.counties.mifflin/3086/mb.ashx Message Board Post: Frederick Leathers 1796 will, Mifflin co., PA, left the majority of his estate to his 2nd wife Jane Dill Lewis Leathers. The case below is a result of that will. 1798 JANE LEATHER and JAMES WILLIAMSON against FREDERICK LEATHER, jun. HENRY BREAM and BARBARA his wife, JACOB LEATHER, JOHN LEATHER, RICHARD MALONE and MARY his wife, DANIEL LEATHER, ELIZABETH BIEGLER, MARY BIEGLER and JOHN BIEGLER, June. ?Copy of a deed, evidence, where a reasonable account has been given of the original. THIS was a feigned issue, to try the validity of the will of Frederick Leather deceased. The defendants' counsel apprehending that the plaintiffs affected delay, ordered a distringas ; and they now cited as their ground of doing so, 4 Term Rep. 767. The defendant may carry the record of an issue, directed by chancery, down to trial, on a suggestion, that the plaintiff intends to delay it. And of this opinion was the court. This feigned issue is not like common cases. It may more properly be resembled to replevin wherein both parties are actors. 1 Black. Rep. 375. 1 Espinasse 54. The cause was afterwards postponed by consent. ?Messrs. Hamilton and Watts, pro quer. Messrs. Duncan and Clark, pro def. p 310 Reports of Cases Adjudged in the Supreme Court of Pennsylvania with some select cases at Nisi Prius, and in the Circuit Courts, by the Hon. Jasper Yeates, Vol. II, Philadelphia, John Campbell, Law Bookseller, Publisher & Importer, No. 740 Sansom St. 1871 Important Note: The author of this message may not be subscribed to this list. If you would like to reply to them, please click on the Message Board URL link above and respond on the board.