John Marshall

“ On the 13th of February, 1813, the Appellee, Jane Burch, filed in the Orphan's Court a petition or libel setting forth that by an order of that Court on the 11th of June, 1805, the property of the deceased in her hands was delivered to the Appellant who had become one of her sureties in the administration bond in the year 1803, and who obtained an order of that Court to sell the same. ”

“ It does not appear by the record that any formal replication in writing was filed to this answer; and that circumstance seems to have passed unnoticed in the Courts below, and the cause was tried without any objection having been made on that ground. ”