Haugh v. Seabold

15 Ind. 343, 1860 Ind. LEXIS 437

Opinion

Per Ouriam.

William Seabold died. His estate was worth less than three hundred dollars. The Court vested it in the widow, Margaret Seabold. A part of that estate consisted of an account against Emanuel Haugh. Widow Sea-bold sued Haugh on this account. After William Sedbold’s death, Haugh bought a note which said Seabold had given in his lifetime, and pleaded it as a set-off to Widow Seabold’s demand on the above account. The Court refused to allow the set-off

We think this was right. The estate being of less value than three hundred dollars, the law gave it to the widow, and the account sued on was a part of it. No claim against William Seabold, acquired after his property vested in his widow, could be set-off against her in a suit to recover such vested estate.

The judgment is affirmed, with 5 per cent, damages and costs.